Case law

People v. Weale

52 Misc. 2d 889 · New York County Courts · Feb 1, 1967

Defendant also contends the information is defective and the conviction a nullity in establishing a violation of former paragraph 3 of subdivision (b) of section 1180 of the Vehicle and Traffic Law when, as a matter of fact … Language in the information incorrectly designating a numerical reference to a particular provision of the law may be disregarded, if the *891 information clearly informs the defendant of the acts upon which the prosecution

People v. Rewald

65 Misc. 2d 453 · New York County Courts · Feb 1, 1971

Clearly this provision permits entry upon premises “ open to the public” in the absence of a specific prohibition. … right to privacy, will take precedence, and premises which are clearly open and dedicated to public uses.

People v. Devinny

37 N.Y. Crim. 262 · New York County Courts · Jan 15, 1919

Div. 288 at page 290), says: “ The different acts going to establish the unlawful practice need not be more particularly set forth in the information, as they simply made up one continuous offense.” … remedies ■operating physically, his immunity ceases, and a verdict convicting him *267 of the illegal practice of medicine is sustained by the evidence.

Berkshire Engineering Corp. v. Scott-Paine

29 Misc. 2d 1010 · New York County Courts · Jul 19, 1961

It may, with like immunity, provide its agents with a meeting place or headquarters. (Id.) … this State, Clearly, under such *1015 circumstances, if plaintiff can be immune from the dictates of the statute, then the statute becomes meaningless.

People v. Bennett

66 Misc. 2d 15 · New York County Courts · Mar 31, 1971

A logical and reasonable interpretation of the statute as presently enacted clearly indicates that the Legislature intended to extend the immunity from a charge of loitering to persons acting in loco parentis though not the … The burden was on the People to establish the guilt of this defendant beyond a reasonable doubt and that burden extended to all the essential elements of the penal statute. People v.

People v. Fitzgerald

101 Misc. 2d 712 · New York County Courts · Nov 14, 1979

Griswold v Connecticut, 381 US 479 ), and are "clearly entitled to constitutional protection.” (Matter of A. & M., supra, at p 432.) … James Fitzgerald was granted automatic "transactional” immunity (CPL 190.40).

People v. Wesley

140 Misc. 2d 306 · New York County Courts · Jul 15, 1988

These areas contain what is called "anonymous sequences” or "junk DNA” by reason of the fact that their function is not clearly understood. … For the purpose of this hearing he qualified as an expert in the fields of both molecular biology and population genetics.

People v. Russo

124 Misc. 2d 438 · New York County Courts · May 23, 1984

.) *440 With regard to subdivision 4, the Legislature, on the one hand, saw fit to clearly advise parties to a divorce action that a failure to fully and honestly disclose assets may result in the disobedient party’s having … The court would again reiterate the defendant’s heavy burden and also note that even if this prosecution were the only one of its kind, that fact alone will not be dispositive of the issues absent the defendant’s establishing

People v. Doe

47 Misc. 2d 975 · New York County Courts · Aug 23, 1965

As a general policy, the court ought not to take cognizance of these applications unless the circumstances of the case show clearly a questionable indictment either on the law or the facts, and matters of defense ought not … This immunity has been enjoyed because of the historic secrecy surrounding the proceedings of the grand jury.

People ex rel. Ferris v. Horton

147 Misc. 506 · New York County Courts · Jan 14, 1933

Ascertaining whether the applicant may have been convicted of “ crime,” determinable by inspection of records, is clearly ministerial. … Decision as to “ scholarship ” rests upon accepted arbitrary standards and is clearly a ministerial determination.

Clapper v. Race

121 N.Y.S. 317 · New York County Courts · Feb 15, 1910

The plaintiff was clearly entitled to this evidence, in seeking to establish her cause of action. … The plaintiff was thereby prevented from establishing in a clear and convincing manner a material point in her case.

People v. Waters

123 Misc. 2d 1057 · New York County Courts · Apr 30, 1984

The Brentwood students were never sent qualifying questionnaires, however, since no addresses were provided by the school. … Clearly, such questionable practice was precisely what the Court of Appeals must have had reference to in the Guzman decision (supra) when it spoke of a system “susceptible of abuse.”

People ex rel. Browne v. Kendall

62 Misc. 2d 196 · New York County Courts · Feb 6, 1970

Justice Black (p. 64), it was clearly stated that “ what fits ‘ tradition and conscience ’ ” must give way when it collides head on with the Bill of Rights. … This in effect is a Hobson’s choice, analogous to the waiver of immunity cases cited above and Spevack v. Klein ( 385 U. S. 511 ).

People v. De Stefano

121 Misc. 2d 113 · New York County Courts · Aug 25, 1983

However, the passage of the so-called “Married Women’s Property Act” (1848) established a woman’s separate legal entity and her right to contract and acquire and dispose of property (see Domestic Relations Law, § 50 et seq … Clearly no argument can be raised in today’s society to justify a husband’s being exempted from raping his wife.

People v. Freidus

40 Misc. 2d 636 · New York County Courts · Oct 8, 1963

Thus the ordinance in question clearly expresses and defines what act is prohibited; it is so informative and explicit on its face that all persons subject to penalties thereunder may know what acts it is their duty to avoid … The learned Trial Judge’s exercise of his discretion in accepting as a qualified expert the arresting police officer’s testimony of his estimate of defendant’s speed is sustained by the proofs of the officer’s expertise in

Harrison v. McClellan

64 Misc. 430 · New York County Courts · Aug 15, 1909

It clearly appears, however, not only from the evidence of the plaintiff, but from one of the defendants, that the exact line between the parties had never been established; that no steps were ever taken about dividing off … The recovery against the defendants in this case was, therefore, supported and clearly in accordance with substantial justice, unless the relation of the defendants McClellan was so qualified by the lease with the defendant

People v. Herskowitz

80 Misc. 2d 693 · New York County Courts · Feb 3, 1975

Y. 309 ), and by the specific inclusion therein of the words “asa public servant ” the legislative intent is clearly framed in language which is plain and concise. … The fair import of the inclusion of the qualifying words “ as a public servant” in section 200.00 of the Penal Law is that the Legislature intended to shield from corruption only those *696 actions of a public servant which

People v. La Sasso

182 Misc. 538 · New York County Courts · Sep 28, 1943

Kiley ( 150 Mass. 325 ): “We are of opinion that nothing less than a final judgment, conclusively establishing guilt, will satisfy the meaning of the word ‘ conviction ’ as here used. … examiners, or a qualified examiner and a qualified psychologist, made after an examination by them of the alleged mental defective.”

People v. Rich

8 Misc. 2d 148 · New York County Courts · Oct 31, 1957

The testimony of the trooper was vague and inconclusive in establishing the elements of the offense charged. … The evidence as to the speed at which the defendant was traveling and *150 the specific area in which he was traveling at the illegal rate of speed must be clearly and definitely shown to be violations of the law.

Sellari v. Palermo

188 Misc. 1057 · New York County Courts · May 12, 1947

It is now established that “ The right of an owner of the chattel to the use of his property is not diminished by the use the owner makes of it. … I dare say one would look far to find anyone who would be qualified to give an opinion and even farther to find any instances of cars other than commercial, being available for rent in this vicinity.