Case law

People v. Brown

176 A.D.2d 641 · Appellate Division of the Supreme Court of the State of New York · Oct 24, 1991

advise him of his right to testify before the Grand Jury, or to request a hearing at which such attorney’s testimony could be compelled, it was not error for the trial court to deny the motion without a hearing (see, People v

Brown v. Keefe

255 A.D.2d 971 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1998

Co. v Jennings, 195 AD2d 541, 542 ). The record establishes that Michael Keefe drove the vehicle only once, on the day of the accident. … That is insufficient to establish that Michael Keefe had “ ‘regular use’ ” of the vehicle (Hollander v Nationwide Mut. Ins. Co., 60 AD2d 380, 384 , lv denied 44 NY2d 646 ).

People v. Brown

70 N.Y.2d 857 · New York Court of Appeals · Nov 24, 1987

Because the "theoretical impossibility” test in the definition of a lesser included offense cannot be met, the trial court properly refused defendant’s request (People v Glover, 57 NY2d 61 ; see, People v Wheeler, 67 NY2d … reasonable view of the evidence would support a finding that the defendant committed criminal possession of stolen property in the third degree but not robbery in the first or second degree (see, CPL 300.50 [1]; People v

Brown v. Wadsworth

32 A.D. 423 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1898

(McWhorter v. Agnew, 6 Paige, 111 .) … (Jaques v. M. E. Church, 17 Johns. 548 .)

People v. Brown

24 A.D.3d 565 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 2005

[2004]; People v Bryant, 225 AD2d 786, 787 [1996]). … v Mitchell, 2 AD3d 145, 147 [2003]).

Stevens v. Brown

249 A.D.2d 909 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1998

“[T]he court has broad discretionary powers in applying” CPLR 3101 (d) (1) (i) (Peck v Tired Iron Transp., 209 AD2d 979 ; see also, Schwartz v Tab Operating Co., 239 AD2d 244 ). … Palm Beach Club, 244 AD2d 904 , 906; see also, Austin v Knowlton, 234 AD2d 918 ).

Bodine v. Brown

42 N.Y.S. 202 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1896

The primary meaning of the word “issue” includes all descendants (Drake v. Drake, 134 N. Y. 224 , 32 N. E. 114 ), but would not include the heirs, at law of a person dying without children. … Bisson v. Railroad Co., 143 N. Y. 128 , 38 N. E. 104 . We have carefully examined the codicils to the will, but find nothing in them that will tend to indicate that the testator had a different intention.

People v. Brown

102 A.D.3d 521 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 2013

People v. Brown

102 A.D.3d 521 · Appellate Division of the Supreme Court of the State of New York · Jan 17, 2013

People v. Brown

270 A.D.2d 917 · Appellate Division of the Supreme Court of the State of New York · Mar 29, 2000

Smith, 63 NY2d 41, 68 , cert denied 469 US 1227 , reh denied 471 US 1049 ; People v Martuzas, 224 AD2d 928, 929 , Iv denied 88 NY2d 881 ). … Gray, 86 NY2d 10, 19 ; People v Gallow, 171 AD2d 1061 , lv denied 77 NY2d 995 ).

Brown v. Lapham

27 F. 77 · U.S. Circuit Court for the District of Southern New York · Apr 1, 1886

Kinsman v. Parkhurst, 18 How. 289 . It does not follow that lie will be always estopped because be lias stood in that relation.

People v. Brown

101 A.D.3d 1698 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2012

People v. Brown

101 A.D.3d 1698 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2012

People v. Brown

195 A.D.2d 967 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1993

Defendant’s conduct was sufficiently unique to be considered by the jury on the issue of identity (see, People v Smith, 63 NY2d 41, 64-65 , cert denied 469 US 1227 ; People v Allweiss, 48 NY2d 40, 47-48 ; People v Rossman … his ability to defend (see, People v Morales, 80 NY2d 450, 457 ).

Davis v. Brown

70 A.D.2d 873 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1979

In view of the potential prejudice and the inexcusable delay, the plaintiffs’ motion should have been denied because of gross laches (see De Fabio v Nadler Rental Serv., 27 AD2d 931 ). … Finally, the motion papers are insufficient because they do not include a physician’s affidavit (see Colonel v Targee Contr. Co., 65 Ad2d 720; White v Jewish Hosp. & Med. Center of Brooklyn, 60 AD2d 627 ). Lazer, J.

Brown v. Cherry

56 Barb. 635 · New York Supreme Court · Oct 6, 1868

In Rowland v. … (Bogart v. O’Regan, 1 E. D. Smith, 591.) In Minturn v.

People v. Brown

9 A.D.3d 884 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 2004

In addition, defendant asked relevant questions during that proceeding and responded appropriately to the court’s questions (see People v Planty, 238 AD2d 806, 807 [1997], lv denied 89 NY2d 1098 [1997]; People v Hall, 168 … Carbonel, 296 AD2d 858 , 858 [2002], quoting People v Gelikkaya, 84 NY2d 456, 460 [1994]).

Brown v. Torrey

24 Barb. 583 · New York Supreme Court · Jul 7, 1857

(Jackson v. King, 4 Cowen, 207.) … See further on this point, Blanchard v. Nestle, ( 3 Denio, 37 , and note.)

People v. Brown

269 A.D.2d 539 · Appellate Division of the Supreme Court of the State of New York · Feb 22, 2000

The defendant was present during the voir dire and when the challenges were given effect in open court (see, People v Velasco, 77 NY2d 469 ; People v Harris, 212 AD2d 631 ). *540 The court did not err in denying the defendant … ’s motion to set aside the verdict on the ground of juror misconduct without conducting a hearing (see, People v Anderson, 249 AD2d 405 ).

People v. Brown

225 A.D.2d 904 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 1996