Case law

People v. Hardy

42 Misc. 3d 211 · New York County Courts · Oct 22, 2013

that the evidence is reliable’ (People v Brensic, 70 NY2d 9, 14 [citing People v Nieves, 67 NY2d 125, 131 ]; see also, People v Brown, 80 NY2d 729, 734-735 [present sense impressions]; People v Brown, 70 NY2d 513, 518-519 … This evidence, notwithstanding its apparent hearsay nature, was legally insufficient at the grand jury stage to establish a prima facie case of constructive possession (see People v Brown, 188 AD2d 930, 931 [3d Dept 1992]

Marine Midland Bank, N.A. v. Bowker

112 Misc. 2d 1044 · New York County Courts · Mar 10, 1982

Brown, J. By notice of motion, dated February 1,1982, third-party defendant John F. … affirmative relief. *1045 In regard to the motion to reargue, Byrne urges this court to partially excuse the law office failure which purportedly resulted in the default, and adopt the approach of such decision as Cockfield v

Lockwood v. Village of Buchanan

18 Misc. 2d 862 · New York County Courts · Jan 5, 1959

As an alternative ground of liability, the plaintiff claimed in the oral argument in opposition to the motion that the Village Board of Trustees was guilty of negligence in appointing the Building Inspector in that he was … The question of the defendant’s liability for the alleged negligence of its Board of Trustees in appointing an incompetent Building Inspector remains.

People v. Standish

149 Misc. 32 · New York County Courts · Sep 15, 1933

In People v. Willett ( 92 N. … (People v. Willett, supra; People v. Smith, 172 N. Y. 210 ; People v. Kennedy, 164 id. 449; People v. Koerner, 154 id. 355; People v. Rutigliano, 261 id. 103.)

People v. Von Diezelski

78 Misc. 2d 69 · New York County Courts · May 13, 1974

Brown v. Johnston (9 N Y 2d 482, 485); People ex rel. Rockey v. Kreuger ( 62 Misc 2d 135, 136 ); see, generally, Presier v. Rodriguez ( 411 U. S. 475, 499 ). . … (See, inter alia, Wolff v. McDonnell, 483 F. 2d 1059 , cert. granted 414 U. S. 1156 , argument heard April 22, 1974, 15 Cr. L. 4034.) , . See Fox, Board Told Bail Reform Is Essential, N. Y. L.

Gloversville Shopping Center, Inc.

63 Misc. 2d 382 · New York County Courts · Jun 13, 1970

In Matter of City Council of City of Saratoga Springs v. … (Collesion v. Collesion, 2 Misc 2d 10 .)

Knocklong Corp. v. Kingdom of Afghanistan

6 Misc. 2d 700 · New York County Courts · Mar 25, 1957

Brown, J. This is a motion by the defendants, Kingdom of Afghanistan and A. H. Aziz, appearing specially, to dismiss the complaint on the ground that this court lacks jurisdiction over the persons of the defendants. … A. v. The Navemar, 303 U. S. 68 ; Lamont v. Travelers Ins. Co., 281 N. Y. 362 ).

People v. Hall

21 Misc. 2d 935 · New York County Courts · Mar 29, 1960

He further blames the Parole Board for keeping Mm illegally under their jurisdiction for more than the present reformatory imprisonment of five years and cite-s section 288 of the Correction Law. … (People v. Sidoti, 1 A D 2d 232.) Inasmuch as there is no error of fact presented here it becomes necessary to deny this petition. Petition denied. Submit order.

Graham v. Sapery

19 Misc. 690 · New York County Courts · Mar 15, 1897

Bennett v. Van Syckel, 18 N. Y. 481 -484; Knapp v. Brown, 45 id. 207;. Alexander v. … Genet v. Davenport, 59 N. Y. 648 . Appeal dismissed, with $10 costs.

People v. Deer

39 Misc. 3d 677 · New York County Courts · Mar 19, 2013

As the Supreme Court stated in Brown v Texas ( 443 US 47, 52 [1979]), “[i]n the absence of any basis for suspecting appellant of misconduct, the balance between the public interest and appellant’s right to personal security … Suspicionless stops, however, may be up *685 held where reasonable, determined by balancing ‘the public interest and the individual’s right to personal security free from arbitrary interference by law officers’ (Brown v Texas

People v. Miller

2 Misc. 2d 782 · New York County Courts · Jun 28, 1956

Brown, J. … Procedures in Courts of Special Sessions and Police Courts are governed by part V of the Code of Criminal Procedure (§ 699 et seq.).

People v. Welt

14 Misc. 2d 275 · New York County Courts · Jul 16, 1958

Brown, J. This is an appeal from a judgment of the District Court of the County of Nassau convicting the defendant of a violation of section 2146 of the Penal Law (prohibition of performance of a trade on Sunday). … The statute is not considered as religious in nature but, rather, it affirms the existence of a civil and political institution (People v. Friedman, 302 N. Y. 75 ).

People v. Patton

27 Misc. 2d 357 · New York County Courts · Feb 14, 1961

Brown, Assistant District Attorney, as counsel for the respondent. … (See, also, People v. Hartgrove, 12 Misc 2d 201 ; People v. Reed, 185 Misc. 908 .)

In re Cole

38 N.Y.S. 955 · New York County Courts · Feb 15, 1896

, charity board, school board, city court, and all departments pertaining to the city, and be empowered to send for persons and papers and employ counsel and experts.” … In Briggs v. Mackellar, 2 Abb.

People v. Hellmann

124 Misc. 2d 582 · New York County Courts · Jun 15, 1984

The District Attorney of Dutchess County, William V. … Corp. v County of Suffolk, supra, p 661.)

Troy Urban Renewal Agency v. Union National Bank

90 Misc. 2d 240 · New York County Courts · Apr 20, 1977

Co. v United States, 261 US 299 .) … Y. v Wustrack, 10 NY2d 730 .)

People v. Lansing Terrace Apartments, Inc.

70 Misc. 2d 44 · New York County Courts · May 25, 1972

Oases such as Darry v. People ( 10 N. Y. 120 ), People v. Darragh ( 141 App. Div. 408 , affd. 203 N. Y. 527 ) and People v. Jernatowshi (238 1ST. Y. 188) illustrate the types of cases in which such terms were involved. … (People v. Carlson, 176 Misc. 230, 232 ; see, also, People v. Wells, 186 Misc. 979, 982 ).

People v. Nicoletti

60 Misc. 2d 108 · New York County Courts · Jul 24, 1969

In People v. … Brown (supra), is not found in this case.

People v. Brennan

142 Misc. 225 · New York County Courts · Dec 10, 1931

Former section 90 of the Village Law contained an enumeration of the powers of the board of trustees of a village. … of the board of supervisors of the county within which such village is located.”

People v. Tramonti

153 Misc. 371 · New York County Courts · Oct 30, 1934

Authority for this contention may be found in the cases of People v. Gutterson ( 244 N. Y. 243 ); People v. Davis ( 141 Misc. 897 ); People v. Voelker ( 220 App. Div. 528 ); People v. Castellano (228 id. 670 ). … (People v. Brown, 153 App. Div. 234 ; People v. Bork, 96 N. Y. 188 .) In the case of People ex rel. Sloane v. Lawes ( 255 N.