Case law

Iglesias v. Brown

59 A.D.3d 992 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 2009

The order, insofar as appealed from, denied the motion of defendants Anne Brown and Vincent Brown seeking to bifurcate the trial. … At the time of the incident, plaintiffs son was at premises owned by Anne Brown and Vincent Brown (defendants) and leased to the two remaining defendants, who owned the dog.

Brown v. Brown

258 A.D.2d 467 · Appellate Division of the Supreme Court of the State of New York · Jan 19, 1999

Even if we were to find that defendant’s proposed counterclaim validly set forth a cause of action for divorce on the ground of cruel and inhuman treatment (see, Smith v Smith, 206 AD2d 255 , lv dismissed 84 NY2d 977 ) or … abandonment before the Referee would unjustifiably prejudice plaintiff by belatedly introducing an entirely new theory into the case (see, Symbax, Inc. v Bingaman, 219 AD2d 552, 553 ).

People v. Brown

117 Misc. 2d 587 · New York County Courts · Jan 14, 1983

Christello had a clear image of the person who robbed the store (Coleman v Alabama, 399 US 1 ; People v Harrington, 29 NY2d 498 ; People v Fuller, 71 AB2d 589). … (United States v Fosher, supra; People v Valentine, 53 AD2d 832 ; People v Suleski, 58 AD2d 1023.)

People v. Brown

277 A.D.2d 107 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2000

(People v Benjamin, supra, at 271 .) … Accordingly, the officer acted appropriately when he touched the bulge, determined it was a hard object, and removed it (People v Woods, 64 NY2d 736, 737 ; People v Herring, supra, at 82 ; People v Scott, 197 AD2d 550, 551

People v. Brown

113 A.D.2d 893 · Appellate Division of the Supreme Court of the State of New York · Sep 23, 1985

supra, at p 210 ; United States v Smith, 643 F2d 942, 944-945, cert denied 454 US 875 ). … J., Bracken, Brown and Rubin, JJ., concur.

People v. Brown

60 A.D.2d 890 · Appellate Division of the Supreme Court of the State of New York · Jan 23, 1978

When defendant exited the store, Shapiro pointed him out and, according to the patrolman, referred to defendant by his name, Milton Brown. Defendant was arrested. … Finally, we cannot say on the basis of this record, that there is no reasonable possibility that the errors might have contributed to defendant’s conviction (see People v Von Werne, 41 NY2d 584 , 588; People v Crimmins, 36

People v. Brown

287 A.D.2d 464 · Appellate Division of the Supreme Court of the State of New York · Oct 1, 2001

v Bhoje, 275 AD2d 419 ; People v Ryan, 224 AD2d 644 ). … Furthermore, the use of a showup identification procedure was permissible in view of the close spatial and temporal proximity to the crime (see, People v Duuvon, 77 NY2d 541 ; People v Herrell, 278 AD2d 339 ).

Brown v. Simmons

14 Daly 456 · New York Court of Common Pleas · Apr 2, 1888

appeal, or whether to give judgment absolute against the appellant, where an appeal is taken to this court from an order of the General Term of the City Court that grants a new trial, may be found in the cases of Tisdale v. … Murray ( 9 Daly 446 ), Sands v. Crooke ( 46 N. Y. 569 ), and Harris v. Burdett ( 73 N.

Davis v. Brown

215 A.D.2d 381 · Appellate Division of the Supreme Court of the State of New York · May 1, 1995

Our review of the record reveals that the prosecutor’s conduct was not intended to provoke the petitioner to move for a mistrial (see, Oregon v Kennedy, 456 US 667 ; see also, Matter of Roman v Brown, 175 AD2d 899 ). … We reject the petitioner’s contention that the mistrial was granted without his consent and over his objection (see generally, People v Ferguson, 67 NY2d 383 ).

People v. Brown

268 A.D.2d 593 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2000

731, 733 ; People v Montes, 118 AD2d 812, 813 ; People v Oliver, 96 AD2d 1104 , affd 63 NY2d 973 ). … v Montes, supra).

Brown v. Sutter

60 A.D.2d 788 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 1977

"The duty to fix damages in a personal injury action is a function of the jury and, unless the amount awarded is so grossly inadequate or excessive as to be unconscionable, it should not be disturbed” (Watson v Archer, 46

People v. Brown

140 A.D.2d 362 · Appellate Division of the Supreme Court of the State of New York · May 2, 1988

On the night of November 13, 1984, the defendant Brown and two others blocked Karen Moore’s passage on the corner of Pulaski and Tompkins Avenue in Brooklyn. … Lastly, we have reviewed the defendant’s sentence and find it to be fair and appropriate under the circumstances (see, People v Suitte, 90 AD2d 80 ). Brown, J. P., Weinstein, Spatt and Balletta, JJ., concur.

People v. Brown

127 A.D.2d 674 · Appellate Division of the Supreme Court of the State of New York · Feb 9, 1987

Chestnut, 51 NY2d 14 , cert denied 449 US 1018 ; People v Finlayson, 76 AD2d 670 , lv denied 51 NY2d 1011 , cert denied 450 US 931 ). … J., Thompson, Brown and Niehoff, JJ., concur.

People v. Brown

208 A.D.2d 414 · Appellate Division of the Supreme Court of the State of New York · Oct 13, 1994

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755 , cert denied 469 US 932 ), defendant’s guilt was established beyond a reasonable doubt (People v Bleakley, 69 NY2d 490 ). … to prejudice the jury (People v Halm, 81 NY2d 819, 821 ), and there is not a significant likelihood that this single comment affected the verdict (People v Pizzaro, supra), especially in light of the court’s corrective charge

People v. Brown

246 A.D.2d 603 · Appellate Division of the Supreme Court of the State of New York · Jan 20, 1998

The police officers had probable cause to arrest the defendant since the car in which the defendant was a passenger had stolen license plates and the rear vent window was missing (see, People v Bigelow, 66 NY2d 417, 423 ) … Dickens, 88 NY2d 1031 ; People v Monahan, 237 AD2d 623 ).

People v. Brown

79 A.D.3d 1766 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2010

People v. Brown

79 A.D.3d 1767 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 2010

People v. Brown

175 A.D.2d 210 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1991

671 ; People v Alvarez, 160 AD2d 885 ; People v Goggans, 155 AD2d 689 ). … 66 NY2d 796, 799-800 ; see also, People v Sullivan, 153 AD2d 223, 227 ).

Bunting v. Brown

13 Johns. 425 · New York Supreme Court · Oct 15, 1816

Brown v. Spelman

254 F. 215 · District Court, E.D. New York · Jun 3, 1918

, and stated to said board that he was horn April 17, 1886; that three members of the board said that he would not have to register, as he was past the age of 31 years; that one member, who appeared to be the chairman of … With its conclusions this court cannot interfere, unless the case is brought within the provisions of Angelus v. Sullivan, 246 Fed. 54 , 150 C. C.