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113 A.D.3d 455 · Appellate Division of the Supreme Court of the State of New York · Jan 14, 2014
There is no basis for disturbing the court’s credibility determinations, including its evaluation of the purported inconsistencies in testimony that defendant asserts on appeal (see People v Prochilo, 41 NY2d 759 , 761 [1977
Cited 0 timesPublished254 A.D.2d 88 · Appellate Division of the Supreme Court of the State of New York · Oct 13, 1998
companions, to the sufficiently detailed joint description of the perpetrators of a robbery as described by the victim, and his close proximity to the crime scene within 10 to 20 minutes after the crime occurred (see, People v
Cited 6 timesPublished216 A.D.2d 100 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 1995
since defendant voiced only general objections to the closure and did not cross-examine the detective or otherwise challenge the People’s proof that his safety would be endangered by testifying in open court (see, People v … Pollock, 50 NY2d 547, 550 ; People v Diaz, 197 AD2d 441 , lv denied 82 NY2d 893 ), and we decline to review it in the interest of justice.
Cited 5 timesPublished5 A.D.3d 789 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2004
was well within the permitted six-month time limit (see People v Carpenito, 199 AD2d 522 [1993]; People v Scarpinito, supra). … 436 [1966]; People v Hendricks, 90 NY2d 956, 957 [1997]; People v Rogers, 245 AD2d 395, 396 [1997]).
Cited 6 timesPublished301 A.D.2d 797 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 2003
People v Pelchat, 62 NY2d 97, 108 ), and the narrow exception to this rule (see id. at 109 ) is not applicable here. Nor are we persuaded that the sentence imposed was harsh or excessive.
Cited 1 timesPublished49 A.D.3d 1092 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2008
petitioner a question and never actually gave him any directive, we cannot conclude that substantial evidence supports the finding that petitioner disobeyed a direct order (see 7 NYCRR 270.2 [B] [7] [i]; see also Matter of Cliff v … Vaughn, 275 AD2d 871, 871-872 [2000]; Matter of Covington v Coombe, 262 AD2d 675, 676 [1999]).
Cited 1 timesPublished116 A.D.3d 953 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 2014
Brown, the Queens County District Attorney, from proceeding with the prosecution of the petitioner under Queens County indictment No. 423/13 and to compel the respondent to have that indictment dismissed, and application
Cited 0 timesPublished116 A.D.3d 597 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2014
Cited 0 timesPublished121 A.D.3d 556 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2014
Contrary to defendant’s argument, the evidence showed that he acted recklessly (see People v Asaro, 21 NY3d 677 [2013]; People v Sands, 159 AD2d 984 [4th Dept 1990]). … Arnold, 96 NY2d 358, 363 [2001]; see People v Howze, 57 AD3d 220 [1st Dept 2008], lv denied 12 NY3d 758 [2009]).
Cited 2 timesPublished63 A.D.2d 988 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 1978
Cited 4 timesPublished40 Misc. 3d 821 · New York Supreme Court · Jun 26, 2013
(People v Bright, 71 NY2d 376, 382 [1988].) … When attempting to interpret a statute, courts are obliged to effectuate the legislative intent. (.People v Finnegan, 85 NY2d 53 [1995].)
Cited 1 timesPublished120 A.D.3d 676 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 2014
Cited 2 timesPublished55 A.D. 8 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1900
(Hurley v. Brown, 54 App. Div. 619 ; 44 id. 480.) The decision of the Appellate Division announcing the reversal was in these words: “ Judgment reversed, with costs, and complaint dismissed.” … In Von Keller v. Schulting ( 45 How.
Cited 3 timesPublished287 A.D.2d 341 · Appellate Division of the Supreme Court of the State of New York · Oct 18, 2001
The incidents involved the same or similar statutory provisions and were joinable pursuant to CPL 200.20 (2) (c) (see, People v Streitferdt, 169 AD2d 171 , lv denied 78 NY2d 1015 ; People v Maldonado, 75 AD2d 558 ). … Defendant has also failed to make a *342 convincing showing that he had. important testimony to give concerning one case and a strong need to refrain from testifying in the other (see, People v Lane, 56 NY2d 1; People v Griffith
Cited 4 timesPublishedZorbas v. United States Trust Co.
48 F. Supp. 3d 464 · District Court, E.D. New York · Sep 29, 2014
Muller-Paisner v. … See Sanchez v.
Cited 11 timesPublished288 A.D.2d 279 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2001
Co., supra; Lawrence v Esplanade Gardens, 213 AD2d 216 ). As such, the defendant is estopped from challenging the propriety of the service made at his former address (see, McCleaver v VanFossen, 276 AD2d 603 ). … Additionally, the defendant failed to adequately demonstrate a meritorious defense as required by CPLR 317 (see, Mootoo v Ruiz, 286 AD2d 321 ; Jeremic v Tong, 283 AD2d 461 ).
Cited 4 timesPublished8 Wend. 657 · New York Supreme Court · May 15, 1832
In the case of Denning v. Smith, 3 Johns. Ch. R. 332, Judson was the purchaser at the sale, under the statute, by the commissioners, and received a deed of the premises. … Cook et. al. v.
Cited 3 timesPublished117 A.D.2d 978 · Appellate Division of the Supreme Court of the State of New York · Feb 21, 1986
—Appeal unanimously dismissed as moot (see, mem in People v Brown [Appeal No. 2], 117 AD2d 978 ). (Appeal from order of Monroe County Court, Mark, J.—dismiss count three of indictment.) Present—Doerr, J.
Cited 8 timesPublished
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