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121 A.D.2d 422 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1986
P., Brown, Rubin and Eiber, JJ., concur.
Cited 6 timesPublished10 Misc. 2d 257 · New York Supreme Court · Feb 28, 1958
With respect to the third-party action, the applicable law is stated in Melcher v. Ocean Acc. & Guar. Corp. ( 226 N. … Defendants’ reliance on Haas Tobacco Co. v. American Fidelity Co. ( 226 N. Y. 343 ) is untenable here.
Cited 2 timesPublished37 F. 783 · U.S. Circuit Court for the District of Southern New York · Mar 5, 1889
Cochrane v. Deener, 94 U. S. 789 ; Telephone Cases, 126 U. S. 1 , 8 Sup. Ct. Rep. 778. The first claim of'the patent, therefore, appears to be good and valid for tbe method described. … McKloskey v. Du Bois, 8 Fed. Rep. 710, 9 Fed. Rep. 38; McCloskey v. Hamill, 15 Fed. Rep. 750. The second claim of this patent, therefore, appears to bé'invalid.
Cited 3 timesPublished190 A.D.2d 742 · Appellate Division of the Supreme Court of the State of New York · Feb 8, 1993
Garcia-Perez v United States, 454 US 839 ). … We have examined the defendant’s remaining argument and find it to be unpreserved for appellate review, and, in any event, without merit (see, People v Kryminski, 154 AD2d 549 ). Mangano, P.
Cited 2 timesPublished117 A.D.2d 741 · Appellate Division of the Supreme Court of the State of New York · Feb 18, 1986
Malizia, 62 NY2d 755 , cert denied 469 US 932 ; People v Gruttola, 43 NY2d 116 ; People v Di Girolamo, 108 AD2d 755 , lv denied 64 NY2d 1133 ). … Ford, 46 NY2d 1021 ; People v Lane, 101 AD2d 925 , affd 64 NY2d 1047 ).
Cited 5 timesPublished277 A.D.2d 974 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 2000
First, testimony that defendant was in possession of bolt cutters and copper pipe at the time of his arrest is not evidence of an uncharged crime because possession of those items is not illegal (see, People v Powell, 209 … That evidence, moreover, was necessary “to complete the narrative of the episode” (People v Gines, 36 NY2d 932, 932-933 ) and to explain why the police pursued and arrested defendant (see, People v Conyers, 160 AD2d 318,
Cited 3 timesPublished263 A.D. 1045 · Appellate Division of the Supreme Court of the State of New York · Mar 18, 1942
This is an appeal by the State of New York from a judgment of the Court of Claims awarding to claimant-respondent, as administrator of the estate of Thomas William Brown, deceased, the sum of $13,788.08.
Cited 2 timesPublished200 A.D.2d 416 · Appellate Division of the Supreme Court of the State of New York · Jan 11, 1994
After one exchange, defendant walked to a nearby firebox, pulled out a brown bag, extracted something from the bag, and returned the bag to the firebox. … On the *417 basis of the present record, we do not find that defendant was denied meaningful representation (see, People v Rivera, 71 NY2d 705, 709 ; People v Baldi, 54 NY2d 137, 147 ).
Cited 2 timesPublished164 Misc. 145 · City of New York Municipal Court · Sep 1, 1937
He is bound by what he should have seen (Weigand v. United Traction Co., 221 N. Y. 39, 42 ), and this, even though his failure to see may have been due to defective vision. … (Knapp v. Barrett, 216 N. Y. 226, 230 .)
Cited 4 timesPublished171 A.D.2d 1038 · Appellate Division of the Supreme Court of the State of New York · Mar 8, 1991
Kibbe, 35 NY2d 407, 412-413 ; People v Kane, 213 NY 260, 270 ). … Barksdale, 133 AD2d 770 , Iv denied 70 NY2d 1003 ; see also, People v Graham, 39 NY2d 775 ; People v La Rocca, 37 NY2d 927 ; People v Mendez, 28 NY2d 94 , cert denied 404 US 911 ).
Cited 5 timesPublished77 A.D.2d 537 · Appellate Division of the Supreme Court of the State of New York · Jul 17, 1980
given” (Bumper v North Carolina, 391 US 543, 548 ; People v Kuhn, 33 NY2d 203, 208 ; People v Benitez, 76 AD2d 196 ). … (See Ivan V. v City of New York, 407 US 203, 204 ; and other cases cited in People v Getch and People v Marr, 50 NY2d 456 .)
Cited 5 timesPublished205 A.D.2d 854 · Appellate Division of the Supreme Court of the State of New York · Jun 9, 1994
court may correct by the exercise of its inherent powers (see, Matter of Kisloff v Covington, supra; People v Wright, supra; People v Minaya, 54 NY2d 360, 364 , cert denied 455 US 1024 ). … Davidson v Kelly, 193 AD2d 1140, 1141 ).
Cited 1 timesPublished296 A.D.2d 405 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 2002
LaCava, 230 AD2d 909 ; Matter of Catterson v Rohl, 202 AD2d 420 ; Matter of Hynes v Cirigliano, 180 AD2d 659 ; also see Matter of Sacket v Bartlett, 241 AD2d 97 ). … Rohl, supra at 424; see Matter of Pirro v LaCava, supra; Matter of Sacket v Bartlett, supra).
Cited 6 timesPublished177 A.D. 602 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 1917
As stated in Snelling v. Yetter, No. 1 ( 25 App.
Cited 3 timesPublished176 A.D.2d 690 · Appellate Division of the Supreme Court of the State of New York · Oct 31, 1991
(See, Matter of Pell v Board of Educ., 34 NY2d 222 , 240.) Concur — Carro, J. P., Rosenberger, Ellerin, Smith and Rubin, JJ.
Cited 2 timesPublished67 A.D.3d 523 · Appellate Division of the Supreme Court of the State of New York · Nov 17, 2009
The verdict was not against the weight of the evidence (see *524 People v Danielson, 9 NY3d 342, 348-349 [2007]). … As an alternative holding, we find that although certain of the prosecutor’s remarks reflect a deplorable attempt to appeal to the emotions of the jury, they were not so egregious as to warrant reversal (see People v D’Alessandro
Cited 2 timesPublished199 A.D.2d 11 · Appellate Division of the Supreme Court of the State of New York · Dec 2, 1993
In any event, defendant was not prejudiced by the ruling since the jury was apprised of its contents (People v Adams, 72 AD2d 156, 161 , affd 53 NY2d 1 , cert denied 454 US 854 ). … The court delivered an adverse inference charge against the People, eliminating thereby any possibility of prejudice to the defendant (see, People v Franco, 189 AD2d 589 , lv denied 81 NY2d 970 ).
Cited 2 timesPublished10 N.Y.S. 714 · New York Supreme Court · Jul 1, 1890
Brown, the *715 obligee therein, and Edward A. … In Green v.
Cited 4 timesPublished
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