Case law
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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.
Cited 5 timesPublished29 A.D.2d 549 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 1967
Div. 423 ; Weinstein v. Seidmamn, 173 App. Div. 219 ). … Vinciguerra, 25 A D 2d 544; Lebovic v. Ballantine & Sons, 12 A D 2d 494; Matter of Lerner v. Siegel, 22 A D 2d 816; Turner v.
Cited 3 timesPublished13 A.D.3d 145 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2004
The court properly granted the People’s challenge made pursuant to Batson v Kentucky ( 476 US 79 [1986]). … defense in defendant’s opening statement (see People v Steele, 26 NY2d 526, 529 [1970]).
Cited 4 timesPublished68 A.D. 592 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1902
Brown, Until the determination of the question whether said Alvin J. … (National Tradesmen's Bank v. Wetmore, 124 N. Y. 241, 251 ; Shellington v. Howland, 53 id. 371, 375 ; United Glass Co. v. Vary, 152 id. 121, 127.) The interlocutory judgment appealed from should be affirmed, with costs.
Cited 1 timesPublished268 A.D. 324 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1944
The defendants, Gertrude Brown and Duncan M. … The court annuls conclusion of law numbered V contained in the referee’s decision. The court makes the following additional findings of fact: 1.
Cited 6 timesPublished266 A.D.2d 863 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1999
In view of the evidence that one of the participants in the crime carried a silver .380 caliber handgun, that testimony was admissible to establish defendant’s identity (see, People v Jackson, 237 AD2d 620 , lv denied 90 … NY2d 894 ; People v Sheriff, 234 AD2d 894 , lv denied 90 NY2d 910 ; People v Chamberlain, 96 AD2d 959, 960 ).
Cited 8 timesPublished2024 NY Slip Op 03954 · Appellate Division of the Supreme Court of the State of New York · Jul 26, 2024
People v Brown ( 2024 NY Slip Op 03954 ) People v Brown 2024 NY Slip Op 03954 Decided on July 26, 2024 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … DARRYL BROWN, DEFENDANT-APPELLANT.
Cited 0 timesPublished6 A.D.3d 1125 · Appellate Division of the Supreme Court of the State of New York · Apr 30, 2004
Smith, 92 NY2d 516, 520 [1998]; see People v Spirles, 275 AD2d 980 , 981 [2000], lv denied 96 NY2d 807 [2001]). … In any event, it cannot be said that defendant was thereby denied due process of law (see People v Rubin, 101 AD2d 71, 77 [1984], lv denied 63 NY2d 711 [1984]).
Cited 7 timesPublished132 A.D.3d 891 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 2015
The defendant’s challenge to his plea of guilty may not be raised on this appeal, which is only from his resentence (see CPL 450.30 [3]; People v Jordan, 16 NY3d 845, 846 [2011]; People v Toney, 116 AD3d 607 [2014]; People … v Benoit, 83 AD3d 728 [2011]; People v Fields, 79 AD3d 1147, 1147-1148 [2010]).
Cited 0 timesPublished72 A.D.3d 806 · Appellate Division of the Supreme Court of the State of New York · Apr 13, 2010
In an action to recover damages for medical malpractice, the defendants Carol Brown and Memorial Hospital for Cancer and Allied Diseases-Sloan Kettering Institute appeal from (1) an order of the Supreme Court, Kings County … v Nyack Hosp., 45 AD3d 645, 646 [2007]).
Cited 4 timesPublished70 A.D.2d 505 · Appellate Division of the Supreme Court of the State of New York · May 3, 1979
Cited 7 timesPublished215 A.D.2d 1000 · Appellate Division of the Supreme Court of the State of New York · May 18, 1995
v Town of New Paltz Police Dept., 211 AD2d 894, 897-898 ; see also, Colon v City of New York, 60 NY2d 78, 82 ; Martin v City of Albany, 42 NY2d 13, 16 ), and a pretrial determination of probable cause, as was made here, … creates a presumption of probable cause (see, Landsman v Moss, 133 AD2d 359, 360 ; Gisondi v Town of Harrison, 120 AD2d 48, 53 , affd 72 NY2d 280 ; Testa v Federated Dept.
Cited 10 timesPublished30 A.D.3d 609 · Appellate Division of the Supreme Court of the State of New York · Jun 20, 2006
Holt, 67 NY2d 819, 821 [1986] [internal quotation marks omitted]; see People v Jack, 74 NY2d 708 [1989]; People v Costales, 87 AD2d 635 [1982]). … This error warrants reversal, as the evidence of the defendant’s guilt was not overwhelming (see generally People v Klemm, 124 AD2d 826, 827 [1986]; People v Ciesluk, 106 AD2d 514 [1984]; People v Knowell, 94 AD2d 255, 259
Cited 6 timesPublished115 A.D.2d 610 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1985
Accordingly, there was an insufficient foundation for the admission of the evidence (see, People v Julian, 41 NY2d 340 , 342-343). … defendant, "there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred” (People v
Cited 7 timesPublished133 A.D.2d 464 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 1987
not be disturbed as it is supported by the record (see, People v Gee, 104 AD2d 561 ). … J., Mangano, Brown and Lawrence, JJ., concur.
Cited 4 timesPublished175 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 ).
Cited 7 timesPublished167 A.D.2d 847 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1990
There was no Brady violation (see, Brady v Maryland, 373 US 83 ). … Moreover, defense counsel was given the customer’s Grand Jury testimony in time to use that evidence at the appropriate time during trial (see, People v Cortijo, 70 NY2d 868, 870 ; People v Murray, 140 AD2d 949, 950 , lv
Cited 5 timesPublished18 N.Y.3d 857 · New York Court of Appeals · Dec 27, 2011
18 N.Y.3d 857 (2011) 962 N.E.2d 290 938 N.Y.S.2d 865 PEOPLE v. BROWN. Not in source. Court of Appeals of New York. December 27, 2011. Application in Criminal Case for Leave to Appeal denied. (Ciparick, J.).
Cited 0 timesPublished18 A.D.3d 1084 · Appellate Division of the Supreme Court of the State of New York · May 26, 2005
Inasmuch as petitioner’s conduct was appropriately construed as a refusal to submit the requested urine sample (see 7 NYCRR 1020.4 [c]), we find no reason to disturb the determination (compare Matter of Campbell v Goord,
Cited 1 timesPublished
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