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124 Misc. 2d 938 · New York County Courts · Jun 7, 1984
(De Long v County of Erie, 60 NY2d 296, 307 , citing People v Allweiss, 48 NY2d 40 ; Selkowitz v County of Nassau, supra; Dougherty v Milliken, 163 NY 527 .) … v Brown, 117 Misc 2d 587 ). * My ruling regarding Dr.
Cited 6 timesPublished101 A.D.3d 1267 · Appellate Division of the Supreme Court of the State of New York · Dec 13, 2012
Accordingly, we conclude that defendant’s waiver of the right to appeal was valid (see People v Tolliver, 92 AD3d 1024, 1024 [2012]; People v Shaver, 92 AD3d 978, 979 [2012], lv denied 18 NY3d 998 [2012]). … [2010]; People v Baez, 67 AD3d 1204 , 1204 [2009], lv denied 14 NY3d 797 [2010]).
Cited 1 timesPublished49 A.D.3d 1028 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2008
Counsel made appropriate pretrial motions and negotiated an advantageous plea agreement to a lower level felony (see People v Ellis, 43 AD3d 485, 487 [2007], lv denied 9 NY3d 961 [2007]; People v Laffin, 29 AD3d 1034, 1034 … ], lv denied 8 NY3d 883 [2007]; People v Laffin, 29 AD3d at 1034-1035 ).
Cited 2 timesPublished10 A.D. 444 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1896
(See Brown v. Barse, 3 App. Div. 257 .) The defendant was not present at the trial under review upon this appeal. … (Bleecker v. Johnston, 69 N. Y. 309 ; Wylde v. Northern. R. R. Co. of N. J., 53 id. 156, and see Woodruff v. Hurson, 32 Barb. 564 .) This was attempted in the present case by the examination of Mr. William H.
Cited 3 timesPublished18 A.D.3d 815 · Appellate Division of the Supreme Court of the State of New York · May 31, 2005
Brown appeals, as limited by her notice of ap *816 peal and brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated May 19, 2004, as denied that branch of her cross motion which was for summary … Auth., 273 AD2d 200 [2000]; Greene v Miranda, 272 AD2d 441 [2000]; Arshad v Gomer, 268 AD2d 450 [2000]; Bennett v Reed, 263 AD2d 800 [1999]; DiNunzio v County of Suffolk, 256 AD2d 498, 499 [1998]).
Cited 5 timesPublished147 N.Y. 647 · New York Court of Appeals · Dec 10, 1895
(Enoch Morgan's Sons Co. v. Troxell et al., 89 N. Y. 292 .)
Cited 3 timesPublished40 A.D.2d 527 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 1972
Unlike the facts in People v. Anderson (24 N Y 2d 12), it does not appear that defendant inadvertently dropped the package or that he would have retrieved it if the officer had not immediately interceded. … Under the circumstances, we do not consider that the police had thereby assumed the status of trespassers (see People v. Perez, 35 Misc 2d 461 ).
Cited 11 timesPublished107 A.D.3d 499 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 2013
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). … This did not meet defendant’s burden of showing that the proposed spectators were “linked to him by some tie of more significance than ordinary friendship” (see People v Nazario, 4 NY3d 70, 74 [2005]), and there was no need
Cited 2 timesPublished52 A.D.3d 1175 · Appellate Division of the Supreme Court of the State of New York · Jun 6, 2008
Although the officer’s question was “reasonably likely to elicit an incriminating response” and thus constituted interrogation (Rhode Island v Innis, 446 US 291, 301 [1980]; see People v Paulman, 5 NY3d 122, 129 [2005]), … People v Kittell, 135 AD2d 1021, 1022 [1987]; see generally People v Huffman, 41 NY2d 29 , 33 [1976]).
Cited 6 timesPublished134 A.D.3d 554 · Appellate Division of the Supreme Court of the State of New York · Dec 17, 2015
Defendant’s unpreserved challenges to the validity of his plea do not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review them in the interest … Unlike the situation in People v Mox ( 20 NY3d 936 [2012]), there was nothing in the plea allocution that triggered a duty to inquire into an potential psychiatric defense.
Cited 0 timesPublished193 F. Supp. 2d 664 · District Court, E.D. New York · Mar 28, 2002
Hill v. … See Thaler v.
Cited 5 timesPublished223 A.D.2d 597 · Appellate Division of the Supreme Court of the State of New York · Jan 16, 1996
see, People v Hawkins, 210 AD2d 504 ; People v Vickers, 177 AD2d 608 ). … Ramos, 215 AD2d 785 ; People v Hawkins, supra).
Cited 8 timesPublished23 A.D.3d 1090 · Appellate Division of the Supreme Court of the State of New York · Nov 10, 2005
We reject that contention (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). … Similarly, the spontaneous statements thereafter made by defendant also are not subject to suppression (see generally People v Boyd, 21 AD3d 1428 [2005]; People v Elmore, 19 AD3d 1046 [2005]).
Cited 10 timesPublished300 A.D.2d 918 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 2002
Washington, 284 AD2d 220 , lv denied 96 NY2d 925 ; People v Crisp, 246 AD2d 84, 86 , lv dismissed 93 NY2d 898 ). … Even if such allegations were true, this alone would not constitute ineffective assistance of counsel (see People v Rogers, 228 AD2d 623, 624 , lv denied 88 NY2d 993 ).
Cited 6 timesPublished185 N.Y. 383 · New York Court of Appeals · Jun 12, 1906
(Brown v. Crabb, 156 N. Y. 447 .) The general rule, undoubtedly, is that trustees must unite in a disposal of the trust estate and a deed of land from less than all the living trustees is invalid. (Brennan v. … (See Brown v. Crabb, supra.)
Cited 4 timesPublished67 Misc. 2d 101 · Civil Court of the City of New York · Jul 9, 1971
(Matter of Farrell v. Drew, 19 N Y 2d 486, 492.) … (See Matter of Farrell v. Drew, 19 N Y 2d 486, supra.)
Cited 5 timesPublished224 A.D.2d 226 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 1996
, convicting defendant, after a jury trial, of robbery in the first degree and grand larceny in the fourth degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 12 years to life and V-lz … did] not define the offenses involved in such a way as to make an acquittal of one crime conclusive as to a necessary element of [the] second crime for which a guilty verdict was rendered, there is no repugnancy” (People v
Cited 4 timesPublished190 A.D. 926 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1919
Cited 5 timesPublished106 A.D.3d 756 · Appellate Division of the Supreme Court of the State of New York · May 1, 2013
v Robinson, 95 AD3d 906 [2012]; People v Hicks, 78 AD3d 1075 [2010]; People v Grassia, 195 AD2d 607 [1993]). … Smith, 98 AD3d 533, 535 [2012]; People v Miller, 68 AD3d 1135 [2009]).
Cited 1 timesPublished
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