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81 A.D.3d 499 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 2011
Defendant’s claim that his waiver of a jury trial was invalid because he allegedly did not sign it in open court (see CPL 320.10 [2]) is a claim requiring preservation (see People v Johnson, 51 NY2d 986 [1980]; People v Magnano … As an alternative holding, we reject it on the merits (see Almendarez-Torres v United States, 523 US 224 [1998]; People v Bell, 15 NY3d 935 [2010]). Concur—Mazzarelli, J.P., Friedman, McGuire, Renwick and Richter, JJ.
Cited 9 timesPublished251 A.D.2d 677 · Appellate Division of the Supreme Court of the State of New York · Jun 29, 1998
The defendant’s contention that the evidence was legally insufficient to support the convictions is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 ; People v Udzinski, 146 AD2d 245 ). … In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.
Cited 3 timesPublished246 Ga. App. 60 · Court of Appeals of Georgia · Sep 19, 2000
Compare Drane v. … In Goodman v.
Cited 16 timesPublished242 Ga. App. 347 · Court of Appeals of Georgia · Feb 11, 2000
Lubiano v. State, 192 Ga. … Cuzzort v. State, 254 Ga. 745 ( 334 SE2d 661 ) (1985).
Disapproved in part by Ellis v. State, 292 Ga. 276 (2013)Cited 13 timesPublished884 S.W.2d 121 · Court of Appeals of Tennessee · Apr 7, 1994
See Tennessee Dep’t of Human Sews. v. Vaughn, 595 S.W.2d 62, 63 (Tenn.1980). … As to the effect of admissions, our supreme court, in Tennessee Department of Human *125 Services v.
Cited 18 timesPublished167 S.W.3d 627 · Texas Court of Appeals, 5th District (Dallas) · Jul 7, 2005
In two issues, Brown argues that the trial court’s dismissal of this case for want of prosecution is an abuse of discretion. … Villarreal v. San Antonio Truck & Equip., 994 S.W.2d 628, 630 (Tex.1999); Veterans’ Land Board v. Williams, 543 S.W.2d 89, 90 (Tex.1976); Bevil v. Johnson, 157 Tex. 621 , 307 S.W.2d 85, 87 (1957).
Cited 6 timesPublished859 N.E.2d 1269 · Indiana Court of Appeals · Jan 17, 2007
McManus v. State, 433 N.E.2d 775,779 (Ind.1982). Rather, we consider the evidence and all reasonable and logical inferences that may be drawn in the light most favorable to the judgment. Id. … Sheppard v. State, 484 N.E.2d 984, 988 (Ind.Ct.App.1985). Forms of pressure or influence include, but are not limited to, intimidation, physical force, threats, and harassment. Id.
Cited 8 timesPublished172 Ky. 787 · Court of Appeals of Kentucky · Dec 15, 1916
In Pryse v. … Hunter v. Owens, 10 R. 651 ; McHarry v. Irvin, 85 Ky. 322 .
Cited 8 timesPublished551 So. 2d 821 · Louisiana Court of Appeal · Nov 8, 1989
MATTHIAS, Plaintiff-Appellee, v. Evan D. BROWN and Protective Insurance Company, Defendants-Appellants. No. 88-803. Court of Appeal of Louisiana, Third Circuit. November 8, 1989. … Coco v. Winston Industries, Inc., 341 So.2d 332 (La.1976); Reck v. Stevens, 373 So.2d 498 (La.1979). We find sufficient basis for the award, therefore, we affirm it.
Cited 9 timesPublished65 O.B.A.J. 691 · Court of Criminal Appeals of Oklahoma · Feb 15, 1994
Brown. And we have Mr. Brown here, we’re outside of the presence of the jury with Mr. Singleterry, Mr. Brown and Mr. Box. That I have been advised by Mr. … Brown, the fact that you’re not here, the jury may infer something from that and that is your choice? MR. BROWN: Yes, sir. (Tr. 919-21).
Cited 44 timesPublished280 A.D.2d 485 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 2001
However, since the defendant did not seek to withdraw his plea or move to vacate the judgment, the issue is unpreserved for appellate review (see, People v Lopez, 71 NY2d 662 ; People *486 v Churby, 277 AD2d 393 ; People … v Pike, 276 AD2d 649 ; People v Walters, 273 AD2d 418 ; People v Gayle, 224 AD2d 710 ).
Cited 3 timesPublished2003 Pa. Super. 430 · Superior Court of Pennsylvania · Nov 14, 2003
Commonwealth v. … In Commonwealth v.
Cited 9 timesPublished35 S.W.3d 183 · Texas Court of Appeals, 10th District (Waco) · Dec 13, 2000
In Hoffman v. … Brown v. State, 955 S.W.2d 276, 279 (Tex.Crim.App.1997) (quoting Williams v. State, 630 S.W.2d 640, 644 (Tex.Crim.App.1982) (op. on reh’g)).
Reversed on other grounds by Brown v. State, 2002 Tex. Crim. App. LEXIS 221 (2002)Cited 15 timesPublished103 Ill. App. 3d 306 · Appellate Court of Illinois · Jan 22, 1982
(People v. Cox (1980), 82 Ill. 2d 268, 275 ; People v. Perruquet (1977), 68 Ill. 2d 149, 154 .) … (People v. Tiess (1981), 97 Ill. App. 3d 45, 51 .)
Cited 10 timesPublished20 Mass. App. Ct. 976 · Massachusetts Appeals Court · Sep 11, 1985
Berman & Sons v. Jefferson, 379 Mass. 196, 198 (1979). Citing McKenna v. Begin, 5 Mass. App. … See Payton v. Abbott Labs, 386 Mass. 540, 548 (1982). See also Crowell v. McCaffrey, 377 Mass. 443, 451 (1979); Simon v. Solomon, 385 Mass. 91, 111-113 (1982). Compare Wolfberg v. Hunter, 385 Mass. at 396 -397 & n.8. 4.
Cited 25 timesPublished14 Fla. L. Weekly 407 · District Court of Appeal of Florida · Feb 9, 1989
538 So.2d 116 (1989) James BROWN, Appellant, v. STATE of Florida, Appellee. No. 88-983. District Court of Appeal of Florida, Fifth District. February 9, 1989. James B. Gibson, Public Defender, and Barbara L. … State, 526 So.2d 743 (Fla. 3d DCA 1988); Brown v. State, 529 So.2d 1247 (Fla. 4th DCA 1988); Prescott v. State, 529 So.2d 302 (Fla. 4th DCA 1988); Sapp v. State, 522 So.2d 1006 (Fla. 4th DCA 1988). Contra, Teemer v.
Cited 14 timesPublished41 Ky. 26 · Court of Appeals of Kentucky · Sep 15, 1841
Com. the rule was applied with the effect of requiring the plaintiff to prove that the defendants had not given notice of the combustible nature of certain oil, &c. which they had put on board of the plaintiff’s ship.
Cited 5 timesPublished110 Ill. App. 3d 1125 · Appellate Court of Illinois · Dec 9, 1982
JUSTICE LINN delivered the opinion of the court: Following a bench trial in the circuit court of Cook County, defendant, Johnnie Brown, was convicted of armed robbery (Ill. Rev. … Barrow described his assailant as “a medium-complected male Negro, 17-22 years old, 5’3”, 120 pounds, with brown eyes, black hair, and wearing a gray jacket and dark pants.”
Cited 14 timesPublishedSuperior Court of Delaware · Dec 3, 2025
In Bease v. … Relying on Clawson v. State and Hunter v.
Cited 0 timesPublished752 So. 2d 464 · Court of Appeals of Mississippi · Nov 23, 1999
Brown v. State, 731 So.2d 595, 598 (Miss. 1999); Reynolds v. State, 521 So.2d 914, 918 (Miss.1988). ¶ 3. … However, the Mississippi Supreme Court in Smith v.
Cited 3 timesPublished
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