Case law

People v. Macchi

44 Misc. 2d 170 · New York County Courts · Oct 22, 1964

(People v. Zito, 18 A D 2d 668; People v. Morrison, 14 A D 2d 887; People v. De Groat, 13 A D 2d 557.) *171 Order of the City Court of the City of Hudson is affirmed on the opinion of City Judge Lieberman (People v. … (See, also, People v. Caminito, 3 N Y 2d 596, affg. 4 A D 2d 697; People v. Brown, 20 A D 2d 570; People v. Upson, 20 A D 2d 572.)

Spicer v. City of Watertown

19 Misc. 2d 756 · New York County Courts · Aug 3, 1959

We are unable to perceive any vital distinction between the neglect of a parent and the laches of an attorney (Natoli v. Board of Educ. of City of Norwich, 277 App. Div. 915 , affd. 303 N. Y. 646 ). … A similar conclusion was reached by the court in Matter of Short v. Board of Educ. of City of Watertown ( 12 Misc. 2d 440 ). A similar conclusion is reached in the instant matter.

People v. Moore

22 Misc. 2d 572 · New York County Courts · Mar 21, 1960

(People v. Menzel, 148 Misc. 916 ; Brown v. Tighe, 146 App. Div. 491, 494 ; People v. Gade, 6 N. Y. S. 2d 1018; People v. Grogan, 260 N. Y. 138, 142 ; People v. Zambounis, 251 N. Y. 94 .) … (People v. Scott, 3 N Y 2d 148, 153 and cases there cited.) Accordingly, on this technicality of an insufficient information the judgment of conviction is reversed and the fine imposed remitted.

People ex rel. Lasher v. Adair

3 Liquor Tax Rep. 402 · New York County Courts · Jul 15, 1904

Smith v. Foster, 27 Misc. Rep. 567 , where a similar statement was filed by the town clerk; it was also followed by Mr. Justice Werner, in the case of the People ex rel. Clint v. Hamilton, 27 Misc. … Leonard v.

People v. Roth

100 Misc. 2d 542 · New York County Courts · Aug 10, 1979

Fees are governed by a minimum fee schedule adopted by the board. … Assn. v United States, 317 US 519 ; United States v Oregon State Bar, 385 F Supp 507 .)

Craig v. Melton

89 Misc. 2d 449 · New York County Courts · Apr 23, 1976

Although the exercise of discretion by the Administrative Appeals Board should normally be upheld (Matter of Pell v Board of Educ., 34 NY2d 222 ; Matter of Fink v Cole, 1 NY2d 48 ; Matter of Meschino v Lowery, 34 AD2d 255 … (People v Burton, 47 Misc 2d 1077 .) The purpose of the statute was to relieve persons on the public highway from the menace of intoxicated drivers. (People v Koch, 250 App Div 623 .)

People v. Multari

135 Misc. 2d 913 · New York County Courts · Jun 9, 1987

Board of Zoning & Appeals (supra, at pp 272-273) and City of White Plains v Ferraioli (supra, at pp 305-306)”. … The ordinance of the City of Albany was artfully drawn to meet the requirements of Group House v Board of Zoning & Appeals (supra) and City of White Plains v Ferraioli (supra).

People v. Dessaure

193 Misc. 381 · New York County Courts · Dec 30, 1946

The most recent are as follows: Norris v. Alabama ( 294 U. S. 587 ); Hale v. Kentucky ( 303 U. S. 613 ); Pierre v. Louisiana ( 306 U. S. 354 ); Hill v. Texas ( 316 U. S. 400 ). . … There again the decision was the same as in the case of Hill v. Texas (supra), that a prima facie case of systematic and intentional exclusion had been shown. In Hale v. Kentucky (supra) and in Norris v.

Starks v. Rhodes

64 Misc. 13 · New York County Courts · Jun 15, 1909

And it is held in Chambers v. Lewis, 11 Abb. Pr. 210 , *15 that “A counterclaim must have belonged to the defendant at the commencement of the action.” See also Rice v. O’Connor, 10 Abb. Pr. 362 ; Carpenter v. … Cas. 145 ; Moody v. Steele, 11 Civ. Pro. 205; Mayo v. Davidge, 44 Hun, 342 ; Roldan v. Power, 14 Misc. Rep. 480 ; John Church Co. v. Clarke, 77 Hun, 467 .

People v. Brensic

118 Misc. 2d 390 · New York County Courts · Mar 17, 1983

PRIOR TRIAL RULING ADMITTING IN EVIDENCE THE CODEFEN-Dant’s CONFESSION AND ADMISSIONS AS A DECLARATION AGAINST PENAL INTEREST INCULPATING DEFENDANT Citing People v Brown ( 26 NY2d 88 ); People v Maerling ( 46 NY2d 289 ), … As pointed out by the court in Brown ( 26 NY2d 88, 91-92 , supra, citing Mattox v United States, 146 US 140 ), what greater consequence can befall a person than the consequences resulting from an admission of guilt of the

People v. Theodore Zaleski General Contractor, Inc.

46 Misc. 2d 993 · New York County Courts · Apr 8, 1965

(Keeney v. State, 53 Okla. Cr. 1 ). If a party fails to object to the taking of the testimony of a witness without the administration of an oath, he will be deemed to have waived the objection. (Fetty v. … Brown, Justice of the Peace, an officer duly authorized to take oaths. This court finds that said complaint is sufficient since it sets forth the offenses charged and the specific acts constituting the alleged offenses.

People v. Hull

120 Misc. 2d 154 · New York County Courts · Jul 29, 1983

Brown, J. … (See NY Const, art VI, § 11; Judiciary Law, § 190; *155 CPLR 7804, subd [b]; Matter of Sovocool v David, 7 AD2d 262 ; Matter of De Camilla v Connery, 23 AD2d 704 .)

In re Reid

31 Misc. 156 · New York County Courts · Apr 15, 1900

Eckerson v. Zundel, 157 N. Y. 513 ), and the petitioner was entitled to rely upon the same presumption in each year. … Hilton v. Fonda, 86 N. Y. 340 .

People v. Moore

20 Misc. 2d 624 · New York County Courts · Jan 26, 1960

Defendant moves to obtain a copy of the transcript of testimony taken at his trial in 1957 free of charge., Defendant bases his motion on a claim of poverty, citing Griffin v. Illinois ( 351 U. S. 12 ) and People v. … (People v. Brown, 3 A D 2d 696.) Defendant is limited, now, to any remedy he may have under a writ of error coram nobis.

People v. Clute

47 Misc. 2d 1005 · New York County Courts · Oct 26, 1965

In People v. Lederle ( 206 Misc. 244 , affd. 309 N. Y. 866 ) and People v. … Defendant, not having appealed to the Board of Appeals, cannot make such contention on this appeal. As the court said in People v. Calvar Corp. ( 286 N.

People v. Hall

165 Misc. 129 · New York County Courts · Oct 21, 1937

(City of Glens Falls v. Standard Oil Co., 127 Misc. 104, 111 .) … Corp. p. 664; Kneib v. People, 50 How. Pr. 140 .) The conclusion seems inescapable, therefore, that the ordinance is invalid for want of proper publication.

People v. Smith

54 Misc. 2d 902 · New York County Courts · Sep 18, 1967

(P eople v. Petrea, 92 N. Y. 128 .) … (People v. Prior, 294 N. Y. 405 .)

People v. Doe

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

(People v. Moody, 133 N. Y. S. 2d 332; *979 People v. Brown, 272 App. Div. 972 ; Matter of Martin, 170 Misc. 919, 922 .) ” (People v. Banks, 27 Misc 2d 557, 558 .) … Hirschberg v. Board of Supervisors of County of Orange ( 251 N. Y. 156 ). That case involved a bitter political fight between a former District Attorney, Hirschberg, and his successor, Wilson.

People ex rel. Donohoe v. Perhach

74 Misc. 2d 555 · New York County Courts · May 23, 1973

S. 471 ) and which was conducted here is not a formal, adversary proceeding which is to be equated to a criminal prosecution in any sense (Morrissey v. Brewer, 408 U. S. 471, 480 ; People ex rel. Calloway v. … necessarily "precluded from holding the second preliminary hearing (see Arthurs v.

Gramatan Home Investors Corp. v. Lopez

89 Misc. 2d 285 · New York County Courts · Feb 2, 1977

Brown, J. The plaintiff is an assignee for value of an installment loan contract executed by the defendants and the plaintiffs assignor. … Both parties cite the case of Nassau Discount Corp. v Allen ( 44 Misc 2d 1007 , revd 47 Misc 2d 671 ).