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6 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 timesPublished249 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 ).
Cited 7 timesPublished161 A.D.2d 778 · Appellate Division of the Supreme Court of the State of New York · May 29, 1990
Innis, 446 US 291 ; People v Ferro, 63 NY2d 316, 321 ). … Mangano, P.J., Brown, Sullivan and Balletta, JJ., concur.
Cited 8 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 timesPublished61 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 ).
Cited 2 timesPublished19 N.Y.S. 258 · New York Supreme Court · Jun 3, 1892
Brown claims said sum as assignee of said Ditmar, and that, for the purpose of enforcing payment to him of said sum, he has caused to be issued out of the surrogate’s court an execution directed to the sheriff, etc., requiring … To this complaint the defendant Brown demurred, upon the ground that it appears upon the face of the complaint that it does not state facts sufficient to •constitute a cause of action.
Cited 3 timesPublished158 A.D.2d 461 · Appellate Division of the Supreme Court of the State of New York · Feb 5, 1990
Kurtz, 51 NY2d 380, 384 , cert denied 451 US 911 ; People v Benham, 160 NY 402, 434 ). … v Brown, 104 AD2d 696 ; People v Parker, 97 AD2d 620 ).
Cited 10 timesPublished52 A.D.3d 301 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2008
withdraw his guilty plea, and his request for the assignment of new counsel in connection with the motion, after sufficient inquiry wherein defendant was afforded a reasonable opportunity to present his contentions (see People v … Furthermore, there was no factual dispute requiring a hearing, or any further inquiry, as to whether defendant violated the terms of his plea agreement (see People v Valencia, 3 NY3d 714 [2004]).
Cited 1 timesPublished19 N.Y.3d 804 · New York Court of Appeals · May 31, 2012
19 N.Y.3d 804 (2012) 969 N.E.2d 786 946 N.Y.S.2d 567 2012 NY Slip Op 74685 KONRAD v. BROWN. Motion No: 2012-285. Court of Appeals of New York. Decided May 31, 2012. Motion for leave to appeal denied.
Cited 0 timesPublished5 Sandf. 418 · The Superior Court of New York City · Feb 28, 1852
that from a father to a son, and, in an elaborate judgment, the court of appeals has recently determined that this doctrine is not confined to.brothers and sisters, but extends to and embraces their descendants (McGregor v.
Cited 1 timesPublished7 Abb. Pr. 74 · The Superior Court of New York City · Jul 15, 1858
Cited 2 timesPublished192 Misc. 80 · New York Supreme Court · Jun 17, 1948
Where no power exists under the constitution of the union to act, the court will interfere in the first instance to enjoin an unwarranted exercise of power (Sullivan v. McFetridge, 183 Misc. 106 , affd. 268 App. … By letter dated April 14, 1948, defendant Brown purported to take over control of Lodge No. 402 and put it under the direction of his deputy, defendant Newman.
Cited 6 timesPublished197 Misc. 173 · New York Supreme Court · Nov 17, 1949
In Olney v. Culluloo Park Co. ( 182 App. … Kleinberg v. Ratett ( 252 N. Y. 236 ) is also cited; also Odell v. Nyack Water Works Co. ( 91 Hun 283 ).
Cited 4 timesPublished104 A.D.3d 1203 · Appellate Division of the Supreme Court of the State of New York · Mar 15, 2013
Wells, 101 AD3d 1250, 1255 [2012]; People v Singh, 16 AD3d 974, 978 [2005], lv denied 5 NY3d 769 [2005]; People v Miller, 291 AD2d 929, 929 [2002], lv denied 98 NY2d 712 [2002]). … It is well settled that defense counsel is not ineffective for failing to bring a motion that would have had little or no chance of success (see generally People v Caban, 5 NY3d 143, 152 [2005]; People v Medaro, 277 AD2d
Cited 3 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 timesPublished116 A.D.2d 614 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 1986
Corporation (MVAIC) is also a defendant here, having intervened in this action, does not affect defendant Moore’s right to have plaintiffs action against her dismissed on the ground of collateral estoppel (see, e.g., Greenspan v … Doldorf, 87 AD2d 884; Matter of Wallace v MVAIC, 25 NY2d 384; Schwartz v Public Administrator of County of Bronx, 24 NY2d 65, 71 ).
Cited 7 timesPublished146 A.D.2d 793 · Appellate Division of the Supreme Court of the State of New York · Jan 30, 1989
858 ; People v Sanders, 79 AD2d 688 ; People v Crespo, 70 AD2d 661 ). … lv denied 71 NY2d 966 ; People v Bratescu, 115 AD2d 655 ; People v Ores, 108 AD2d *794 931 ).
Cited 6 timesPublished185 Misc. 2d 326 · Criminal Court of the City of New York · Jul 18, 2000
(See, People v Reid, 69 NY2d 469 [1987]; People v Chester, 50 NY2d 203 [1980]; Penal Law § 155.15 [1].) Thus, under the facts of the present case, defendant Brown could not be convicted of larceny. … (People v Shakur, 215 AD2d 184 [1st Dept 1995].) But defendant Brown’s case is, fortunately, clearly distinguishable from Person for at least two important reasons.
Cited 10 timesPublished
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