Case law

People v. Ellis

190 Misc. 2d 98 · New York County Courts · Dec 13, 2001

However, defendant has made no claim that Graves does not qualify as an advanced EMT under Vehicle and Traffic Law § 1194 (4) (a) (1) (ii). … The court rejects defendant’s claim that consent must be established beyond a reasonable doubt.

People v. Mateo

175 Misc. 2d 192 · New York County Courts · Aug 25, 1997

Penal Law § 125.27 (1) (a) (vii) clearly does not involve or affect speech, rather it affects conduct. Murder during the course of a felony is clearly conduct that is not protected under the 1st Amendment. … Clearly, the Legislature did not intend such a result.

People v. Harkavy

192 Misc. 580 · New York County Courts · Jun 25, 1948

It would seem clearly to follow therefore, that if the prosecution were to establish the exaction of a bonus in addition to the rent, the crime is fully proved. … It does not follow from, the mere fact that the Federal Government has failed to declare the doing of the prohibited act a crime, that the offender may have immunity against a similar State prohibition.

In re Healy

161 Misc. 582 · New York County Courts · Jan 7, 1937

The presentment is immune. It is like the ‘ hit and run ’ motorist. Before application can be made to suppress it, it is the subject of public gossip. The damage is done. … ; that unless his guilt is established beyond a reasonable doubt he must be acquitted.

People v. Moskowitz

40 N.Y. Crim. 211 · New York County Courts · Aug 15, 1922

The Code of Criminal Procedure should not be deemed to have changed the rules of the procedure which previously existed, unless the language of these provisions clearly compels *216 such decision. (People v. … At that hearing interested persons were allowed to testify only upon waiving immunity. . Counsel was permitted only hy courtesy and was limited in cross-examination to his own client.

People v. Smith

110 Misc. 2d 118 · New York County Courts · Jul 24, 1981

The court further finds that the need for this evidence has been established. … Clearly, the standard is met.

People v. Kieran

6 Misc. 2d 245 · New York County Courts · Mar 21, 1940

Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens. … Those decisions are, however, of the utmost importance in establishing just what rights these defendants had.

Santspree v. City of Cohoes

83 Misc. 317 · New York County Courts · Dec 15, 1913

In both of these cases the appointments were clearly invalid. In the case of Foreman v. Bostwick, 139 App. Div. 333 , relied upon by Mr. … If such an exception were established, no lawyer could safely advise his client whether his remedy should be by direct action brought by the attorney-general, or in a proceeding by mandamus.

People v. Klock

21 N.Y. Crim. 339 · New York County Courts · Jun 15, 1907

These maxims are long established and are recognized by text writers and by the courts of this State. … The offense was clearly proven. The prisoner married one Louisa Bryson, in Westchester county in this State, in 1875, and he again married one Carrie Megol in May, 1881, in Westchester county.

Grand Jury Subpoenas to Maguire v. Caputo

161 Misc. 2d 960 · New York County Courts · Jun 22, 1994

However, the non-broadcast material is subject to a qualified privilege (Civil Rights Law § 79-h [c]; O’Neill v Oakgrove Constr., 71 NY2d 521 ). … While the outtakes may furnish additional evidence connecting defendant with the crime, which would be helpful to establish defendant’s guilt beyond a reasonable doubt, it is not necessary or critical to establishing a prima

People v. Williams

163 Misc. 2d 212 · New York County Courts · Mar 2, 1994

The case was presented to the Grand Jury on December 10, 1992, defendant testified before the Grand Jury under a waiver of immunity, the indictment was returned against the defendants, defendant Williams was arraigned on … Defendant alleges this establishes prejudice.

Bambergers Div. of R. H. Macy Co. v. Smith

91 Misc. 2d 856 · New York County Courts · Oct 13, 1977

Thus, we find the defendant’s letter sufficient to qualify as an answer. (CPLR 3018; see, also, Edwards v La Quay, 20 Misc 2d 847 .) … Furthermore, the substance of the defendant’s letter in this action, as in the case of Edwards v La Quay (supra), clearly indicates that the defendant did not intend to permit this action to go by default.

People v. Steinberg

60 Misc. 2d 1041 · New York County Courts · Oct 2, 1969

Three elements must coalesce: It must be established that (1) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (2) the material is patently offensive because it affronts contemporary … The fact situation in Shepard is clearly distinguishable from our fact situation here.

Village of Canaseraga v. Green

88 N.Y.S. 539 · New York County Courts · Dec 19, 1903

It appears that in 1895 the village of Canaseraga established, and have since" operated, a system of municipal waterworks. … He qualified as such officer, and entered upon the performance of his duties. He has never resigned, and his term does not expire until the spring of 1904. It is conceded that Norman S.

People v. Babcock

91 Misc. 2d 921 · New York County Courts · Nov 2, 1977

To this extent we qualify our holding in People v. Bodie (supra, pp. 278-279 ).” … Further investigation may well be necessary, not only to establish the *926 culpability of the guilty but the nonculpability of the innocent.

In re the State of Connecticut

179 Misc. 2d 623 · New York County Courts · Jan 8, 1999

A subsequent letter was introduced into evidence by the respondent which clearly established that the respondent’s successor firm, Sutton Associates, Inc., was retained by Thomas Skakel’s successor attorney, Emanuel Margolis … The law was similar to New York State’s Civil Rights Law § 79-h which affords a qualified privilege to professional journalists and newscasters from disclosing unpublished nonconfidential news information.

People ex rel. Muckle v. Board of Excise

35 N.Y.S. 659 · New York County Courts · Jul 15, 1895

The board of excise of the town of Brunswick have, by their action, attempted to establish local prohibition in that town. In my opinion, the board has no such power, in law. … This clearly intends that the vote for local prohibition shall be the direct expression of a majority of voters; for, if it was intended otherwise, the legislature would have re-enacted chapter 300 of the Laws of 1845, which

Janes v. Janes

116 Misc. 725 · New York County Courts · Mar 15, 1919

I am, however, clearly of the opinion that the evidence in the case establishes a title in the defendant John P. H. Janes, by adverse possession. … I think the evidence clearly establishes that he is entitled to be regarded as the owner of the entire property.

People v. Utley

77 Misc. 2d 86 · New York County Courts · Feb 25, 1974

A confession is direct evidence of guilt, while an admission merely tends toward establishing it. … This deterrence function, the court concluded, should not be used to immunize or “ shield ” a defendant witness from traditional truth-testing devices of the adversary process.

People v. Cajigas

174 Misc. 2d 472 · New York County Courts · Jul 18, 1997

Clearly disclosure of the Grand Jury procedure would interfere with that body’s freedom to operate in secret. … Clearly that is not the case presented before this court with respect to the instant indictment.