Case law

People v. Brinkman

205 Misc. 337 · New York County Courts · Oct 16, 1953

if * * * you (the grand jury) have reason to believe that there is other evidence * * * within your reach, which would qualify or explain away the charge * * * it will be your duty to order such evidence *342 to be produced … Just as clearly, any practices amounting to a substantial variance from the standards established by the statutes are *344 at war with that evident purpose.

Hubel v. Scott

73 Misc. 2d 361 · New York County Courts · Mar 13, 1973

The purpose of this subchapter is to establish a uniform policy for the fair and equitable treatment of persons displaced as a result of Federal and federally assisted prograrhs in order that such persons shall not suffer … From the above sections, it clearly appears that the relocation funds provided under the above act provides qualified displaced persons with actual reasonable moving expenses, actual direct loss of personal property and costs

People v. Carbonaro

48 Misc. 2d 115 · New York County Courts · Oct 19, 1965

. *123 The instant case is clearly distinguishable from Escobedo . In the case at bar the police denied that Carbonaro requested counsel or asked to telephone counsel. … S. 568, 602 , supra) the majority opinion defined the test in this manner: ‘1 The ultimate test remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness

People v. Banks

16 Misc. 3d 929 · New York County Courts · Jul 6, 2007

Is the Proposed Testimony Proffered by a Qualified Expert? The court finds Dr. Steven Penrod to be an expert qualified to testify about psychological phenomena affecting eyewitness identification. … Hearing testimony established that Dr. Penrod has impressive educational and professional credentials in this field, and, thus, the court finds him qualified to testify as an expert in this matter. C.

People v. Vercelletto

135 Misc. 2d 40 · New York County Courts · Mar 25, 1987

The Legislature is uniquely qualified to address this issue, being composed of members geographically proportional throughout the State and being able to conduct hearings in a nonadversary setting. … From the foregoing it is clear that the common law 'born alive’ rule is now well-established in the great majority of jurisdictions.

People v. McGuinness

30 Misc. 2d 41 · New York County Courts · Aug 15, 1961

This demonstrates clearly that no secrecy was employed. In such circumstances, the court was “ in session ” and had jurisdiction to hear the matter. … The following facts are clearly established by the documentary proof: 1. The minutes recite a plea as a second offender. 2. The indictment did not allege a second offense. 3.

People v. Zigles

119 Misc. 2d 417 · New York County Courts · Apr 9, 1983

The testimonial oath is designed to serve two discrete functions: to alert the witness to the moral duty to testify truthfully and to deter false testimony by establishing a legal basis for a perjury prosecution. (.Matter … Additionally, People v Salvato ( 12 Misc 2d 88, 89 ) clearly parallels the rationale of this instant decision.

People v. Joseph

11 Misc. 2d 219 · New York County Courts · Mar 24, 1958

He testified under a grant of immunity for the People. He states he left a toe of about two or three feet deep at the foot of the embankment. He left no overhang. … Moreover, this utterly insecure covering gave a deceptive appearance of safety, was pregnant with hazard, and the direct consequences were clearly foreseeable.”

People v. Robinson

5 Misc. 2d 176 · New York County Courts · Jan 30, 1957

Kramer, 191 Misc. 426 ), and where a defendant is brought before a justice of the peace pursuant to law, whether it be with or without a warrant, the court is established and such court continues, with adjournments as authorized … Attention is called to the use of the word “ must ” and the Court of Appeals has spoken clearly in this regard. In People v. Romano ( 279 N.

People v. Gaydica

41 N.Y. Crim. 51 · New York County Courts · Dec 15, 1923

At that hearing interested persons were allowed to testify only upon waiving immunity. Counsel was permitted only by courtesy and was limited in cross-examination to his own client. … This was clearly incompetent not only because the witness was not an expert and was not qualified as such, but also as being clearly hearsay. Another witness testified as to the defendant Moskowitz: “ Q.

People v. Doe

169 Misc. 2d 29 · New York County Courts · Mar 29, 1996

Moreover, the language ostensibly describing the scope of the proposed legislation’s testing provisions merely parrots the Federally mandated minimum required for a State’s statute in order to qualify that State to share … The testing provisions of CPL 390.15 clearly do not constitute an ex post facto enhancement of punishment.

People v. Fritzsche

14 Misc. 336 · New York County Courts · Mar 15, 1920

It is also well established that, when a State exerting its recognized authority undertakes to suppress what it is free to regard as a public evil, it may adopt such measures having reasonable relation to that end as it may … Y. 270, 278 , the opinion quotes from Judge Cooley as follows: “A legislative act may be entirely valid as to some classes of cases, and clearly void as to others.

People v. Harris

23 Misc. 3d 250 · New York County Courts · Nov 14, 2008

Upon rendering its verdict finding the defendant guilty of driving while ability impaired and not guilty of driving while intoxicated, the trial court necessarily determined that such lesser included offense was established … Clearly, the Legislature, without referencing CPL 200.60, has specified in CPL 100.45 that certain other provisions of article 200, applicable to indictments, also apply to informations filed in local criminal courts, i.e

People v. Patino

174 Misc. 2d 359 · New York County Courts · Sep 16, 1997

portion of the sentence directing restitution "was illegally imposed, unauthorized and invalid as *362 a matter of law in that neither the Nassau County District Attorney nor the Nassau County Police Department is a 'victim’ qualified … The statutory provision is, in effect, ameliorative in nature in that, in place and instead of incarceration (clearly the harshest punishment authorized for this offense), a defendant may be directed to comply with reasonable

People v. Mangialino

75 Misc. 2d 698 · New York County Courts · Oct 17, 1973

S. 298, 309 ), which is the case that established the prohibition against the seizure of mere evidence (since overruled by Warden v. Hayden, 387 U. … S. 294 ): “There is no. special sanctity in papers, as distinguished from other forms of property, to render them immune from search and seizure, if only they fall within the scope of the principles of the cases in which

People v. Behan

37 Misc. 2d 911 · New York County Courts · Nov 9, 1962

That he has duly qualified under said appointments and has been and is now conducting the investigations with which he was charged by the Governor and the Attorney-General. … established (Matter of Di Brizzi, 303 N.

In re New York Civil Liberties Union

1 Misc. 2d 329 · New York County Courts · Jan 11, 1956

This section is clearly designed to complement sections *333 300 and 302 which include the court in the enumeration of the persons entitled by law to a copy of the transcript. … Judges are not and should not be any more immune from criticism than any other officials or departments of governments.

People v. Mullady

149 Misc. 2d 323 · New York County Courts · Jan 7, 1991

It is clearly erroneous, as noted by the Court of Appeals in People v Samuel ( 29 NY2d 252 [1971]). But is the first prong of his argument similarly flawed? … The People not only made out a prima facie showing of his culpability under count l, 5 but also established his guilt beyond a reasonable doubt based upon all of the evidence.

Schneider v. Rochester Firemen's Benevolent Ass'n

68 Misc. 2d 256 · New York County Courts · Nov 16, 1971

including January 3, 1971, amounting to $901; that the dues were paid and accepted; that appellant presented his claim for retirement benefits pursuant to section 3 of article VIII of the constitution; that appellant was qualified … Upon all of the papers and documents submitted, the cause of action of the appellant is sufficiently established as to warrant the court, as a matter of law, to direct summary judgment in his favor.

People v. Brown

96 Misc. 2d 244 · New York County Courts · Sep 26, 1978

"A Yes, that’s why I gave the opinion that I did, qualified it, due to the fact that there had been a disruption in his normal activity. … For the foregoing reasons, People v Manley ( 40 AD2d 907 , supra) clearly differs on the facts although not on the law, for to hold otherwise would be mainfestly unjust.