Case law

People v. Brown

141 A.D.2d 657 · Appellate Division of the Supreme Court of the State of New York · Jun 13, 1988

Viewing the evidence in the light most favorable to the prosecution (CPL 330.30; People v Carter, supra; People v Contes, 60 NY2d 620, 621 ), we find that it was legally sufficient to establish the defendant’s guilt beyond … P., Brown, Weinstein and Rubin, JJ., concur.

Brown v. ComPany

118 A.D. 190 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1907

In Williams v. Montgomery ( 148 N. … See New York Security & Trust 0o. v, Mydenstéin (7Ó Hun, 216). — [Rep.

People v. Brown

181 A.D.2d 615 · Appellate Division of the Supreme Court of the State of New York · Mar 26, 1992

not handcuffed or in any manner physically restrained by the two plainclothes officers who had apprehended him in the vicinity shortly after the incident was not made in unduly suggestive circumstances (see, e.g., People v … there was ample opportunity for independent source identification, as the eyewitness had observed defendant as he approached the victim, at close range during the robbery, and during the pursuit that followed (see, People v

People v. Brown

277 A.D.2d 246 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 2000

Torpey, 63 NY2d 361, 367 ; People v Blyden, 55 NY2d 73 , 77-78 People v Davis, 248 AD2d 399 ). … Here, the juror’s responses, taken as a whole, established the necessary unequivocal declaration of impartiality (see, People v Torpey, supra; People v Blyden, supra).

People v. Brown

136 A.D.2d 715 · Appellate Division of the Supreme Court of the State of New York · Jan 25, 1988

By order dated October 15, 1985, this court remitted the matter to Criminal Term for a hearing on the defendant’s speedy trial motion (People v Brown, 114 AD2d 418 ). … This satisfies the due diligence requirement of CPL 30.30 (4) (e) (cf, People v Orse, 118 AD2d 816, 818 ; People v Billups, 105 AD2d 795 ). Accordingly, the defendant’s speedy trial motion was properly denied.

People v. Brown

269 A.D.2d 809 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2000

v Giordano, 72 AD2d 550, 551 ; People v Niemczycki, 67 AD2d 442, 444-445 ). … That phrase may be stricken under the doctrine of sever-ability (see, People v Hansen, 38 NY2d 17, 21-22 ; People v Conte, supra, at 994 ).

Hayden v. Brown

2024 NY Slip Op 04251 · Appellate Division of the Supreme Court of the State of New York · Aug 21, 2024

Hayden v Brown ( 2024 NY Slip Op 04251 ) Hayden v Brown 2024 NY Slip Op 04251 Decided on August 21, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … substitute the executor of the estate of Ernestine Brown in place of Ernestine Brown in this action and to amend the caption accordingly.

People v. Brown

249 A.D.2d 835 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 1998

Contes, 60 NY2d 620, 621 , quoting Jackson v Virginia, 443 US 307, 319 [emphasis in original]). … Furthermore, it was not erroneous for County Court to deny his request to charge Penal Law § 20.10 as that statutory provision is inapposite to the subject factual situation (see, People v Manini, 79 NY2d 561 ).

Siao-Pao v. Connolly

564 F. Supp. 2d 232 · District Court, S.D. New York · Jun 25, 2008

Boddie, 285 F.Supp.2d at 428 (quoting Brown, 2003 WL 941940 , at *1). Moreover, “[djenial of parole is neither arbitrary nor capricious when the Parole Board relies on the factors defined by New York statute.” Romer v. … See Manley v. Thomas (“Manley II”), 265 F.Supp.2d 363, 365 (S.D.N.Y.2003) (citing Brown, 2003 WL 941940 , at *2).

People v. Brown

61 A.D.2d 1034 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 1978

circumstances, Criminal Term should not have accepted the plea without inquiring further, or, at the very least, should have informed defendant that his version of the crime was inconsistent with his proffered plea (see People v … Beasley, 25 NY2d 483 ; People v Serrano, 15 NY2d 304 ).

People v. Brown

135 A.D.3d 783 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2016

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated May 20, 1991 (People v Brown, 173 AD2d 629 [1991 … The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]).

People v. Brown

52 A.D.3d 204 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 2008

Defendant did not preserve any of his other challenges to the court’s agency charge (see People v Hoke, 62 NY2d 1022 [1984]; People v Whalen, 59 NY2d 273, 280 [1983]; People v Newland, 300 AD2d 199, 200 [2002], lv denied … To the extent the prosecutor improperly bolstered a witness’s testimony and neglected to make a certain redaction from an audiotape, those errors were harmless (see People v Crimmins, 36 NY2d 230 [1975]).

Allen v. Brown

51 Barb. 86 · New York Supreme Court · Sep 4, 1865

In Jackson v. … The case of Floyd v. Day, ( 3 Mass. R. 403 ,) which is cited with approbation in Beardsley v.

Brown v. Calisi

2024 NY Slip Op 04056 · Appellate Division of the Supreme Court of the State of New York · Jul 31, 2024

Brown v Calisi ( 2024 NY Slip Op 04056 ) Brown v Calisi 2024 NY Slip Op 04056 Decided on July 31, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … Brown, appellant, v Domenic Calisi, et al., respondents, et al., defendants. Jonna Spilbor Law, Poughkeepsie, NY (Andrew W. Humphreys of counsel), for appellant. Rivkin Radler LLP, Uniondale, NY (Cheryl F.

Brown v. Liu

19 N.Y.3d 1005 · New York Court of Appeals · Sep 6, 2012

Gress v. Brown

19 N.Y.3d 1006 · New York Court of Appeals · Sep 6, 2012

Winter v. Brown

85 A.D.3d 773 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2011

In or around November 2006, Winter commenced this action against Brown, Mangini, Mangini & Co., and Marshall Granger & Company, LLP (formerly Mangini & Co.) … Planning Corp. v CRP/Extell Riverside, L.P., 13 NY3d 398, 403-404 [2009]; Vintage, LLC v Laws Constr. Corp., 13 NY3d 847, 849-850 [2009]).

Roman v. Brown

175 A.D.2d 899 · Appellate Division of the Supreme Court of the State of New York · Aug 22, 1991

Our review of the relevant portions of the record reveals that the prosecutor’s conduct was not "intended to provoke the [petitioner] into moving for a mistrial” (Oregon v Kennedy, 456 US 667, 679 ). … Copeland, 127 AD2d 846, 847 ; see also, Schoendorf v Mullen, 152 AD2d 715, 716 ).

People v. Brown

98 A.D.3d 1323 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 2012

Brown v. Cohan

254 A.D. 20 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 1938

(Hoffman v. Grobsmith, 129 Misc. 91 ; affd., 222 App. Div. 793 ; Haniford v. Safer, 214 id. 435; Clark v. MacDonald, 62 Hun, 149 ; Parker v. City of New York, 122 Misc. 660 .) The Court of Appeals in Salimoff & Co. v.