Case law

Medina v. Brown

213 A.D.2d 195 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 1995

The IAS Court properly found petitioner’s March 12, 1993 motion to be one merely for reargument, denial of which is non-appealable (Mariani v Dryer, 193 AD2d 456, 458 , lv denied 82 NY2d 658 ). … affirm because petitioner, a probationary employee, failed to demonstrate that he was terminated in bad faith, for a constitutionally impermissible purpose or in violation of statutory or decisional law (Matter of York v

People v. Brown

29 A.D.3d 917 · Appellate Division of the Supreme Court of the State of New York · May 23, 2006

was legally insufficient to establish the “knowingly enters” element of the crimes of burglary in the third degree and criminal trespass in the third degree is unpreserved for appellate review (see CPL 470.05 [2]; People v … 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 *918 AD2d 86, 88 [1974]).

People v. Brown

73 A.D.3d 940 · Appellate Division of the Supreme Court of the State of New York · May 11, 2010

Viewing the intoxication evidence in the light most favorable to the defendant (see People v Gaines, 83 NY2d 925, 927 [1994]), we find that it was insufficient to allow a reasonable person to entertain a doubt as to the element … of *941 intent (id.; see People v Sirico, 66 AD3d 1047 [2009]; People v Garcia, 271 AD2d 695 [2000]; People v Hernandez, 161 AD2d 664 [1990]; People v Rodriguez, 155 AD2d 627 [1989], affd 76 NY2d 918 [1990]).

Brown v. Ashbough

40 How. Pr. 260 · New York Supreme Court · Sep 15, 1870

Brown v. Leary

100 A.D. 421 · Appellate Division of the Supreme Court of the State of New York · Jan 15, 1905

People v. Brown

44 A.D.3d 966 · Appellate Division of the Supreme Court of the State of New York · Oct 23, 2007

incident (see People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]; People v Daniels, 35 AD3d 756, 757 [2006]; People v Wilson, 261 AD2d 560, 561 [1999]). … Arizona, 384 US 436, 444-445 [1966]), prior to answering questions and giving inculpatory statements (see People v Centano, 76 NY2d 837, 838 [1990]; People v Gonzalez, 138 AD2d 622, 623 [1988]).

Brown v. McBride

24 Misc. 235 · New York Supreme Court · Jul 15, 1898

There was no error in this (Prince v. Brooklyn Eagle, 16 Misc. Rep. 186 ; Ullrich v. N. Y. Press Co., 23 Misc. Rep. 168 ; Cady v. Brooklyn Union Co., 23 Misc. Rep. 409 ; Shanks v. Stumpf, 23 Misc. Rep. 264 ). … Evidence in mitigation has to do only with the question of smart money (Millard v. Brown, 35 N. Y. 297 , and cases supra). , . The motion for a new trial on the minutes is denied. Motion denied.

Bindler v. Brown

133 A.D.2d 602 · Appellate Division of the Supreme Court of the State of New York · Oct 5, 1987

Beacon Tex-Print, 118 AD2d 630, 631 , quoting from Broida v Bancroft, 103 AD2d 88, 93 ). … Center v Shahzad, 124 AD2d 557, 559 ; Porter v Shapiro, 124 AD2d 794, 795 ). Weinstein, J. P., Rubin, Kunzeman and Kooper, JJ., concur.

People v. Brown

68 A.D.3d 435 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 2009

People v. Brown

14 N.Y.3d 798 · New York Court of Appeals · Mar 16, 2010

14 N.Y.3d 798 (2010) PEOPLE v. BROWN (WENDELL). Court of Appeals of New York. Decided March 16, 2010. Application in criminal case for leave to appeal denied. (Jones, J.).

Winthrop, Brown & Co. v. Williams, Brown & Co.

289 A.D.2d 67 · Appellate Division of the Supreme Court of the State of New York · Dec 11, 2001

Moscowitz v. Brown

850 F. Supp. 1185 · District Court, S.D. New York · May 3, 1994

Green, 411 U.S. 792, 798 , 93 S.Ct. 1817, 1822 , 36 L.Ed.2d 668 (1973); Sheehan v. Purolater Courier Corp., 676 F.2d 877, 881 (2d Cir.1981), cert, denied, 488 U.S. 891 , 109 S.Ct. 226 , 102 L.Ed.2d 216 (1988); Brown v. … Williams v. Smith, 781 F.2d 319 (2d Cir.1986) (citing McKinnon v. Patterson, 568 F.2d 930 (2d Cir.1977), cert, denied 434 U.S. 1087 , 98 S.Ct. 1282 , 55 L.Ed.2d 792 (1978)); Brown v.

Horst v. Brown

15 N.Y.3d 743 · New York Court of Appeals · Jun 29, 2010

People v. Brown

198 A.D.2d 291 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1993

Accordingly, the conviction of criminal possession of a controlled substance in the seventh degree (two counts) should be reversed and those counts dismissed (see, CPL 300.40 [3] [b]; People v Wilson, 162 AD2d 747 ; People … v McBee, 143 AD2d 773, 775 ).

Brown v. Buckingham

11 Abb. Pr. 387 · New York Supreme Court · Dec 15, 1860

People v. Brown

266 A.D.2d 77 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 1999

When the attention of the police was directed to defendant by a member of a crowd chasing him, the officers acquired reasonable suspicion of criminality justifying pursuit (see, People v Lopez, 258 AD2d 388 ). … defendant refused to stop when so instructed by the police and dropped a wallet that he had been carrying in his hand, the police properly seized defendant, handcuffed him, and held him for further investigation (see, People v

People v. Brown

300 A.D.2d 314 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 2002

of the case’ ” (People v Henry, 95 NY2d 563, 566 , quoting People v Benevento, 91 NY2d 708, 714 ). … ; People v Lindo, 167 AD2d 558, 559 ).

People v. Brown

83 A.D.3d 1577 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2011

Defendant’s valid waiver of the right to appeal does “not encompass the right to challenge the legality of the sentencing procedure on appeal” (People v Nicholson, 237 AD2d 973, 974 [1997], lv denied 90 NY2d 908 [1997]), … nor is preservation required to challenge the legality of a sentence (see generally People v Samms, 95 NY2d 52, 56 [2000]).

White v. Brown

5 Lans. 78 · New York Supreme Court · Jun 15, 1871

It was held in Durell v. Mosher (8 J. … Such I understand to be the view of Lord Ellenbokough in Severin v. Keppell (4 Esp., 156). There plaintiff delivered plate to defendant (a silversmith) to put glasses in.

Citimortgage, Inc. v. Brown

83 A.D.3d 644 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 2011

vacate a default in appearing or answering must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Development Strategies Co., LLC, Profit Sharing Plan v … Bank N.A. v Slavinski, 78 AD3d 1167 [2010]). Here, the Supreme Court properly determined that the defendant failed to establish a reasonable excuse for his failure to appear or answer.