Case law

People v. Hayden

68 Misc. 2d 1022 · New York County Courts · Jan 31, 1972

(People v. Sadness, 300 N. Y. 69 ; People v. Gersewitz, 294 N. Y. 163 ; People v. Sullivan, 3 N Y 2d 196.) … Coram nobis is neither a substitute for an appeal nor an avenue for a further appeal (People v. Brown, 13 N Y 2d 201, cert. den. 376 U. S. 972 ; People v. Shapiro, 3 N Y 2d 203).

People v. Chinnici

51 Misc. 2d 570 · New York County Courts · Sep 12, 1966

(People v. Gastelum, 237 Cal. App. 2d 205 ; People v. Hernandez, 229 Cal. App. 2d 143 ; People v. Robarge, 151 Cal. App. 2d 660 ; People v. Triche, 148 Cal. App. 2d 198 ; People v. Denne, 141 Cal. App. 2d 499 .) … (Brown v. Kearney, 355 F. 2d 199 ; Martin v. United States, 183 F. 2d 436 , cert. den. 340 U. S. 904 .) In People v.

Warring v. Keeler

33 N.Y.S. 415 · New York County Courts · Feb 15, 1895

The principle decided in the case of Putnam v. … Devlin, 15 Barb. 47 ; Wheeler v. Lampman, 14 Johns. 481 ; Manning v. Johnson, 7 Barb. 457 ; Sherwood v. Railroad Co., 15 Barb. 650 ; Sperry v. Reynolds, 65 N. Y. 179 ; Jackson v. Sherwood, 50 Barb. 356 ; Brown v.

Smith v. Fredericks

146 Misc. 453 · New York County Courts · Dec 1, 1932

(Borgos v. Price, 140 Misc. 287 ; Brown v. Powers, 53 App. Div. 251 , and cases cited; Thompson v. Whitmarsh, 100 N. Y. 35 .) The evidence on this point is clear and uncontradicted. … (White v. Rintoul, 108 N.

People v. Diaz

130 Misc. 2d 1024 · New York County Courts · Jan 21, 1986

(Board of Educ. v Pisa, 55 AD2d 128, 136 , citing United States v Crinnell Corp., 384 US 563, 583 .) … (Davis v Board of School Commrs., supra, at p 1050.)

In re Kjeldsen

39 Misc. 2d 128 · New York County Courts · May 6, 1963

the date (“ on the 31st day of December, 1961, and other days within one year next prior thereto ”), the place (“ City of Norfolk ”), the amount (“ $17,812.84 ”) and the name of the apparent victim (“The Credit Control Board … (People ex rel. de Martini v. McLaughlin, 243 N. Y. 417 ; People ex rel. Lawrence v. Brady, 56 N. Y. 182 ; People ex rel. Himmelstein v. Baker, 137 App. Div. 824 .)

Young v. Conklin

23 N.Y.S. 993 · New York County Courts · Mar 15, 1893

.; Fowler v. Colyer, 2 E. D. Smith, 125; Mix v. White, 1 E. D. Smith, 614; Armstrong v. Craig, 18 Barb. 387 . … Richardson v. Brown, 1 Cow. 255 . It seems that, if the agreement between the parties had been entered into in the absence of the justice, it would not have been obligatory. Kimball v. Mack, 10 Wend. 497 ; Deland v.

People v. Neulist

72 Misc. 2d 140 · New York County Courts · Aug 4, 1972

In his return, Detective Karazia listed the brown leather bag and all of the 27 items found in the bag. … V.

People v. Sharp

77 Misc. 2d 855 · New York County Courts · May 3, 1974

Rep. 208); Matter of Van Allen v. McCleary ( 27 Misc 2d 81 ); Matter of Johnson v. Board of Educ. of City of N. Y. ( 31 Misc 2d 810 ); CPLR 4504, 4507, 4508; cf. People v. Graydon ( 70 Misc 2d 336 ). … If at the trial a situation comparable to that presented in Davis v. Alaska ( 415 U. S. 308 ) is presented, the application for *856 a subpoena will be reviewed.

In re Town of Hector

24 N.Y.S. 475 · New York County Courts · Jul 15, 1893

The case of Henrietta Tp. v. … The case of Town of Salem v.

Municipal Housing Authority v. Sears Realty Co.

29 Misc. 2d 399 · New York County Courts · Jun 6, 1961

Y. 84 ), sales of similar property (Village of Lawrence v. Greenwood, 300 N. Y. 231, 235 ), location (Matter of Board of Water Supply of City of N. … Y., supra, p. 458), income (id., see, also, Onondaga County Water Auth. v. New York Water Service Corp., 285 App. Div. 655, 662 ), highest suitable use (Sparkill Realty Corp. v. State of New York, 254 App.

People v. Guardino

177 Misc. 402 · New York County Courts · Nov 6, 1941

(People v. Vedder, 98 N. Y. 630 ; People v. Blank, 283 id. 526; People v. McGonegal, 136 id. 62, 76; Dunn v. People, 29 id. 523.) … (People v. Brown, 61 Cal. App. 748 ; 216 Pacific, 58 .) It is here manifest that the witness Ruby Young could not be prosecuted for the crime of pimping.”

People v. Wolf

127 Misc. 382 · New York County Courts · Jun 2, 1926

Co. v. Murphy ( 195 N. … Sheldon v. Board of Appeals *386 ( 234 N. Y. 484 ) has lately dealt with the factors which would justify zoning a neighborhood as ‘ business.’

City of Long Beach v. Gold

171 Misc. 658 · New York County Courts · Jul 6, 1939

Co. v. Brown, 171 Misc. 15 .) Obviously, the decision in that case would be equally applicable if the mortgagee, instead of going into possession himself, procured the appointment of a receiver. … As was pointed out in Holmes v.

People v. Rose

82 Misc. 2d 429 · New York County Courts · May 6, 1975

(Matter of Oliver, supra; People v Jelke, supra; United States v Brown, 7 USCMA 251 , 22 CMR 41 [1956, Latimer, J.]; Davis v United States, supra; People v Hartman, 103 Cal 242; Scott v Scott, supra; Matter of Springman and … Northrup v People, 37 NY 203 supra; People v Pisano, 142 App Div 524 , supra; People v Schoonmaker, supra; Dando v Anastassiou, supra.)

People v. Doe

66 Misc. 2d 1093 · New York County Courts · Jun 7, 1971

an undercover agent of the police department who, having no present knowledge of the defendant’s true name, described him as a “ male Puerto Bican, approximately 160' pounds, has dark curly hair, a round face and light brown … (See People v. Seidenshner, 210 N.

New York State Tax Commission v. State Organized Crime Task Force

89 Misc. 2d 275 · New York County Courts · Jan 17, 1977

, supra; Shapiro v Chase Manhattan Bank, 84 Misc 2d 938 ). … However, Wedelstaedt relied upon Matter of Manufacturers Trust Co. v Browne ( 269 App Div 108 , affd 296 NY 549 ) which was a civil case and therefore did not involve a Grand Jury proceeding.

In re Burrell

50 Misc. 261 · New York County Courts · Jan 15, 1906

Other affiants state that there were more ballots upon which erasures were made, but fail to state how these ballots were canvassed and failed to make any protest against their being canvassed by the board of inspectors. … People v. Pierson, 71 N. Y. Supp. 995 .

People v. Bestle

22 Misc. 2d 1088 · New York County Courts · Mar 23, 1960

(Dayharsh v. Enos, 5 N. Y. 531 .) It is required of everyone to take advantage of his rights at the proper time (and the) and the neglect to do so will be considered a waiver. (Browning v. Smith, 139 Ind. 280 .) … (Collinson v. Wier, 91 Misc. 501 and cases therein cited.) Another civil authority holding that the failure to swear a jury is an irregularity, only, will be found in Becker v.

People v. Armioia

109 Misc. 2d 1038 · New York County Courts · Jul 14, 1981

(See People v Digiosaffatte, 63 AD2d 703, 704 .) … Failure to state with certainty go to weight and not admissibility (People v Strollo, 191 NY 42 ; People v Spinello, 303 NY 193 ; People v Gallo, 75 AD2d 148 ).