Case law

Brown v. Carpenter

182 A.D. 650 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 1918

Brown,” signed A. G. Plant & Co. Mr. … It was brought out on the examination'of one of the defendants before trial that the defendants claim to have sold the bonds purchased by Plant the next day after they were bought and that they treated this sale of Brown

People v. Brown

256 A.D.2d 92 · Appellate Division of the Supreme Court of the State of New York · Dec 10, 1998

We find that totality of the record establishes that defendant voluntarily, knowingly, and intelligently waived his rights under People v Antommarchi ( 80 NY2d 247, 250 ), to be present at certain sidebar conferences with … Although the waiver was conveyed by counsel, defendant was clearly aware of his -right to be present, since he exercised that right by participating in other such conferences (People v San *93 tana, 247 AD2d 201 , lv denied

People v. Brown

222 A.D.2d 445 · Appellate Division of the Supreme Court of the State of New York · Dec 4, 1995

Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88 ). … The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ). Thompson, J. P., Altman, Krausman and Goldstein, JJ., concur.

People v. Brown

126 A.D.2d 657 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1987

The rule mandating the exclu *658 sion of identification testimony based on an unduly suggestive showup is therefore inapplicable on the facts herein (see, People v Logan, 25 NY2d 184 ; People v Medina, 111 AD2d 190, 191 … We therefore decline to reverse the conviction on this ground, despite the fact that the challenged testimony was not technically in the nature of rebuttal (see, CPL 260.30 [7]; People v Sterling, 95 AD2d 927, 928 ).

Marszalek v. Brown

247 A.D.2d 827 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1998

Brown and owned by defendant. Defendant failed to present evidence establishing as a matter of law that plaintiff did not sustain a serious injury pursuant to Insurance Law § 5102 (d). … Elliott, 57 NY2d 230, 236 ; see, Tankersley v Szesnat, 235 AD2d 1010, 1013 ; Gleissner v LoPresti, 135 AD2d 494, 495 ; cf., Shames v Murtha, 204 AD2d 841 ).

Brown v. Suggs

39 A.D.3d 395 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 2007

action were previously dismissed in an order entered on defendant’s default, that order has preclusive effect since defendant deliberately refused to participate in the proceedings leading to the default dismissal (see Brown … v Suggs, 38 AD3d 329 [2007]; see also Matter of Abady, 22 AD3d 71, 84 [2005]).

People v. Brown

41 A.D.3d 261 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 2007

at 176 , quoting People v Noble, 86 NY2d 814, 815 [1995]; see also People v Patterson, 38 AD3d 431, 432 [2007]). … People v Payne, 3 NY3d 266 [2004]; People v Feingold, 7 NY3d 288 [2006]) is misplaced.

People v. Brown

87 A.D.3d 1412 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 2011

People v. Brown

198 A.D.2d 901 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 1993

Consequently, we modify the judgment by vacating the sentence, and remit the matter to the sentencing court either to impose the sentence promised or to afford defendant the opportunity to withdraw his plea (see, People v … Lefler, 193 AD2d 1143 ; People v Jackson, 188 AD2d 1086 ).

Brown v. Lavine

49 A.D.2d 49 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1975

Jefferson v Hackney, 406 US 535 ). … Therefore, its issuance to petitioner of only the voucher was arbitrary and capricious under the existing circumstances (Domine v Schreck, supra).

Brown v. Roblee

57 A.D.3d 1494 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2008

Brown (plaintiff) when he was punched by defendant Shawn Allen Roblee in the parking lot area of a ski resort owned by Holiday Valley, Inc., Holiday Valley Realty Company, Inc. and Win-Sum Ski Corp. … Christie, 71 NY2d 76, 85 [1987]; see also Jayes v Storms, 12 AD3d 1090 [2004]).

Brown v. Woods

85 A.D.3d 912 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2011

[b]; 506 [b]; Matter of Lawtone-Bowles v New York State Family Ct. Pistol Permit Unit, 81 AD3d 829 [2011]). Dillon, J.P., Balkin, Belen and Sgroi, JJ., concur.

People v. Brown

84 A.D.2d 819 · Appellate Division of the Supreme Court of the State of New York · Nov 23, 1981

There is no reason for applying Sandoval to witnesses other than the defendant (see People v Allen, 67 AD2d 558 ; People v Duffy, 44 AD2d 298 , affd 36 NY2d 258 ). … People v Rahman, 46 NY2d 882 ). Accordingly, we have ordered a new trial. Hopkins, J. P., Damiani, Gibbons and Weinstein, JJ., concur.

Brown v. Coughlin

168 A.D.2d 947 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 1990

Vega v Smith, 66 NY2d 130 ; *948 Matter of Gibson v Coughlin, 142 AD2d 862 ). The charge of verbal harassment, however, is not supported by substantial evidence. … Petitioner’s remaining contentions, advanced for the first time on appeal, are not timely raised (see, Matter of Krall v Kelly, 142 AD2d 951 ).

People v. Brown

59 A.D.3d 1058 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 2009

proceedings underlying the judgment to have permitted, upon appeal from such judgment, adequate review” of the defendant’s contentions, the court must deny a motion to vacate the judgment (CPL 440.10 [2] [c]; see People v

Brown v. Gladstone

178 Misc. 441 · New York County Courts · May 14, 1942

Co., Inc., v. Excelsior Bag & Mfg. Co., 180 App. Div. 790 .) No showing is made by the *442 defendants that they had been injured by the delay.

Nath v. Brown

48 A.D.3d 1166 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2008

Hosp., 31 AD3d 1160 [2006], lv denied 7 NY3d 713 [2006]; see also Mateo v 83 Post Ave. Assoc., 12 AD3d 205 [2004]). … Big V Supermarkets, 86 NY2d 744, 746 [1995] [internal quotation marks omitted]). *1168 In view of our determination, we do not consider defendant’s remaining contentions.

Bodine v. Brown

12 A.D. 335 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896

The primary meaning of the word “issue” includes all descendants (Drake v. Drake, 134 N. Y. 224 ), but.-would not include the heirs at law of a person dying without, children. … (Bisson v. W. S. R. R. Co., 143 N. Y. 128 .) 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.

Brown v. Snyder

57 A.D. 413 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1901

People v. Brown

17 N.Y.3d 952 · New York Court of Appeals · Nov 4, 2011

17 N.Y.3d 952 (2011) 959 N.E.2d 1027 936 N.Y.S.2d 78 PEOPLE v. BROWN. Not in source. Court of Appeals of New York. November 4, 2011. Application in criminal case for leave to appeal denied. (Jones, J.).