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2 Misc. 2d 307 · New York Court of Claims · Dec 7, 1945
Brown, was operating a truck belonging to claimant, Burt I. … (Karl v. State of New York, 279 N. Y. 555 ; Torrey v. State of New York, 266 App. Div. 900 .)
Cited 9 timesPublished39 A.D.3d 1021 · Appellate Division of the Supreme Court of the State of New York · Apr 19, 2007
Initially, given that defendant is on parole, we do not agree with the People’s contention that defendant’s appeal is moot due to his October 12, 2006 release from prison (see People v Hastings, 24 AD3d 954 , 956 n [2005] … In sum, there are no extraordinary circumstances that exist which warrant a reduction of the sentence (see People v Murphy, 257 AD2d 766, 767 [1999], lv denied 93 NY2d 876 [1999]).
Cited 2 timesPublished51 A.D.3d 685 · Appellate Division of the Supreme Court of the State of New York · May 6, 2008
doubt (see People v Nieves, 37 AD3d 277 [2007]; People v Trotter, 24 AD3d 127 [2005]; cf. … People v Quinn, 186 AD2d 691, 692 [1992]).
Cited 2 timesPublished33 A.D.3d 446 · Appellate Division of the Supreme Court of the State of New York · Oct 17, 2006
To the contrary, he was extensively involved in the decision that plaintiff was a suitable candidate for the LASIK surgery and in the preparation leading to that surgery (see Graddy v New York Med. … Ctr., 254 AD2d 129,130 [1998]) or under the theory of ostensible agency (see Welch v Scheinfeld, 21 AD3d 802, 808-809 [2005]). Concur—Mazzarelli, J.P., Andrias, Sullivan, McGuire and Malone, JJ.
Cited 3 timesPublished66 A.D.2d 158 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1979
legal assistance by the conduct of the District Attorney in concealing Brown’s whereabouts from Stirpe (see People v Bevilacqua, 45 NY2d 508 ; People v Pinzon, 44 NY2d 458 ; People v Townsend, 33 *161 NY2d 37 ). … People v Hobson, 39 NY2d 479 ; People v Hetherington, 27 NY2d 242 ).
Cited 6 timesPublished105 A.D.3d 517 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 2013
Cited 0 timesPublished32 A.D.3d 1222 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 2006
Although the revocation of probation results in a loss of liberty, it is not a criminal prosecution (see generally Gagnon v Scarpelli, 411 US 778, 782 [1973]; Matter of Darvin M. v Jacobs, 69 NY2d 957, 959 [1987]). … In any event, any error in admitting the firearms report is harmless (see generally People v Crimmins, 36 NY2d 230, 237 [1975]). The sentence is not unduly harsh or severe.
Cited 3 timesPublished57 A.D.2d 583 · Appellate Division of the Supreme Court of the State of New York · Apr 14, 1977
In a proceeding inter alia, to validate petitions designating petitioner-respondent as a candidate in the election to be held on May 3, 1977, for the public position of Member of the ■ New York City Community School Board … Therefore we hold that the mistake was inconsequential and should not cause petitioner to lose her place upon the ballot (see Matter of Rothstein v Chiavaroli, 41 AD2d 1024 ). Hopkins, Acting P.
Cited 4 timesPublished306 A.D.2d 291 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2003
The stop was based upon information from a police computer run that the defendant was driving a vehicle with a suspended registration (see generally, People v Ingle, 36 NY2d 413 [1975]; People v Osamudiamen, 269 AD2d 609 … [2000]; People v McCoy, 239 AD2d 437 [1997]).
Cited 5 timesPublished161 A.D.2d 527 · Appellate Division of the Supreme Court of the State of New York · May 29, 1990
(See, People v McLucas, 15 NY2d 167, 170 .) Nor, in the circumstances, did the second statement explain or complete the first. … (See, People v Satterfield, 66 NY2d 796, 799 ; CPL 440.30 [2].)
Cited 4 timesPublished107 A.D.3d 1502 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2013
Cited 0 timesPublished107 A.D.3d 1502 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2013
Cited 0 timesPublished139 A.D.3d 963 · Appellate Division of the Supreme Court of the State of New York · May 18, 2016
Mateo, 2 NY3d 383, 428-429 [2004]; People v Harrison, 288 AD2d 396 [2001]; People v Respass, 213 AD2d 430, 430 [1995]). … The People were thus entitled to question the defendant on cross-examination regarding his inappropriate conduct toward the complainant’s cousin (see People v Fardan, 82 NY2d 638, 646 [1993]; People v Perez, 120 AD3d 514
Cited 0 timesPublished187 A.D.2d 580 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1992
Kenneth Browne under Queens County Indictment Number QN10243/92. … Prohibition is never available merely to correct or prevent trial errors of substantive law or procedure, however grievous (Matter of Rush v Mordue, 68 NY2d 348, 353 ; La Rocca v Lane, 37 NY2d 575, 579 ).
Cited 1 timesPublished62 A.D.3d 1209 · Appellate Division of the Supreme Court of the State of New York · May 28, 2009
Page, 266 AD2d 733, 735 [1999]; People v Griffith, 239 AD2d 705, 706-707 [1997]; see also People v Rocco, 309 AD2d 882, 882-883 [2003], lv denied 1 NY3d 601 [2004]). … Myatt, 248 AD2d 68, 71 [1998]; see also People v Whindleton, 54 AD3d 422, 423 [2008]).
Cited 2 timesPublished105 A.D.3d 517 · Appellate Division of the Supreme Court of the State of New York · Apr 9, 2013
Cited 0 timesPublished123 A.D.2d 473 · Appellate Division of the Supreme Court of the State of New York · Sep 18, 1986
In People v Motley ( 119 AD2d 57 ), we held that the first of the foregoing objections was waived or forfeited by a guilty plea. … The record conclusively establishes that defendant was actually present at his plea colloquy, and not another Harold Brown who was incarcerated at Elmira Correctional Facility and who had been mistakenly produced at earlier
Cited 6 timesPublished8 Abb. Pr. 345 · New York Supreme Court · Jun 15, 1870
Neither acquired any new estate (Wood v. Fleet, 36 N. Y., 499 ). Upon the death, therefore, of Augustus M. Winter, intestate, unmarried, without descendants, leaving no father, the fee descended to his mother, Mrs. … Stat., Edmonds’ ed., 702; Morris v. Ward, 36 N. Y., 587 ). There must be judgment for the plaintiff on the submission. Ingraham and George G. Barnard, JJ., concurred.
Cited 4 timesPublished
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