Case law

People v. Brown

55 A.D.3d 1370 · Appellate Division of the Supreme Court of the State of New York · Oct 3, 2008

to be charged with rape in the first degree, we cannot conclude “that the deception induced defendant to make a false confession, nor was it so fundamentally unfair as to deny defendant his right to due process” (People v … Burke, 20 AD3d 932, 933 [2005], lv denied 5 NY3d 826 [2005]; see People v Tarsia, 50 NY2d 1, 11 [1980]; People v Jordan, 193 AD2d 890, 892 [1993], lv denied 82 NY2d 756 [1993]).

People v. Brown

37 A.D.3d 370 · Appellate Division of the Supreme Court of the State of New York · Feb 27, 2007

People v. Brown

12 A.D.3d 524 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 2004

support his conviction because the People failed to prove that his statements to the police were voluntary and failed to disprove his justification defense is unpreserved for appellate review (see CPL 470.05 [2]; People v … In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt

Brown v. Grassman

65 N.Y.S. 1126 · Appellate Division of the Supreme Court of the State of New York · Jul 17, 1900

Therefore the case is within the principle of Knapp v. Wallace, 41 N. Y. 477 ; Kalley v. Baker, 132 N. Y. 1 , 29 N. E. 1091 ; Gilder v. Davis, 137 N. Y. 504 , 33 N. E. 599 , 20 L. R. A. 398. Diamond Co. v.

Brown v. Giesecke

40 A.D.2d 1009 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 1972

. *■ * * The notice must he of such nature as reasonably to convey the required information * * * and it must afford a reasonable time for those interested to make their appearance ” (Mullane v. … Petersen v. Vane, 57 Cal. App. 2d 58 ). Thus, we find that the service of process was invalid and that the order of possession, consequently, was made without jurisdiction. Hopkins, Acting P.

People v. Brown

215 A.D.2d 573 · Appellate Division of the Supreme Court of the State of New York · May 15, 1995

This evidence was legally sufficient to support a finding that the defendant acted with criminal negligence (see, People v Paul V. … S., 75 NY2d 944 ; People v Rooney, 57 NY2d 822 ; People v Senisi, 196 AD2d 376 ; People v D’Amico, 138 AD2d 503 ).

People v. Brown

2023 NY Slip Op 02889 · Appellate Division of the Supreme Court of the State of New York · May 31, 2023

People v Brown ( 2023 NY Slip Op 02889 ) People v Brown 2023 NY Slip Op 02889 Decided on May 31, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. … No. 2349/04) [*1]The People of the State of New York, respondent, v Josh Brown, appellant. Josh Brown, Comstock, NY, appellant pro se. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C.

People v. Brown

26 A.D.3d 754 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2006

Caban, 70 NY2d 695, 696-697 [1987]; People v Lloyd, 51 NY2d 107, 111-112 [1980]; see also People v Ortiz, 49 NY2d 718 [1980]). … We further conclude that the court did not abuse its discretion in denying the motion of defendant to withdraw his guilty plea (see People v McCawley, 23 AD3d 1157 [2005]; People v White, 13 AD3d 1120 [2004], lv denied 4

Brown v. Keating

182 A.D.2d 552 · Appellate Division of the Supreme Court of the State of New York · Apr 3, 1992

To interpret such a sale as having realized a "net profit”, as the husband does, would leave the term "net” meaningless (see, Two Guys v S.F.R. Realty Assocs., *553 63 NY2d 396, 403 ). … For the reason that the husband had no right to engage in a self-help remedy (King v King, 159 AD2d 347 ), the IAS court properly awarded the wife counsel fees necessary to enforce the stipulation (Holliday v Holliday, 58

People v. Brown

2 A.D.3d 1423 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2003

(see People v Serrano, 93 NY2d 73, 77 [1999]; People v Reynoso, 295 AD2d 156, 157 [2002], lv denied 98 NY2d 701 [2002]; People v Mingo, 117 AD2d 353, 356 [1986], lv denied 68 NY2d 772 [1986]). … (see People v Hayes, 97 NY2d 203, 208 [2002]; People v Beckwith, 309 AD2d 1253 [2003]).

Scheurer v. Brown

67 A.D. 567 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1902

(Schafer v. Reilly, 50 N. Y. 61 .) The language of Lord Thurlow in Davies v. … (Viele v. Judson, 82 N. Y. 32 ; Trustees of Union College v. Wheeler, 61 id. 88 ; Owen v. Evans, 134 id. 514.)

People v. Brown

264 A.D.2d 528 · Appellate Division of the Supreme Court of the State of New York · Aug 30, 1999

Contrary to the defendant’s contention, the trial court did not err in declining to appoint a special prosecutor (see, People v English, 88 NY2d 30 ). … The trial court also properly admitted a redacted version of a previously-convicted codefendant’s statement to law enforcement authorities into evidence (see, People v Settles, 46 NY2d 154 ).

People v. Brown

206 A.D.2d 326 · Appellate Division of the Supreme Court of the State of New York · Jul 28, 1994

Judgments, Supreme Court, New York County (Thomas Galligan, J., on CPL 30.30 motion; Rose Rubin, J., at jury trial and sentence), rendered July 3, 1991, after jury trial, convicting defendant Brown of two counts of robbery … , 213 ; People v Brothers, 50 NY2d 413 ).

People v. Brown

70 A.D.3d 1302 · Appellate Division of the Supreme Court of the State of New York · Feb 11, 2010

People v Turner, 5 NY3d 476, 480 [2005]; People v Baldi, 54 NY2d 137, 147 [1981]). … People v Miller, 59 AD3d 1124, 1125 [2009], lv denied 12 NY3d 819 [2009]; People v Brown, 16 AD3d 1102 [2005], lv denied 5 NY3d 760 [2005]).

Brown v. Arcuri

43 A.D.2d 993 · Appellate Division of the Supreme Court of the State of New York · Feb 14, 1974

Div. 758 ; Owens v. Blackburn, 161 App. Div. 827 ; 42 N. Y. … Gallery v. Lyons, 292 N. Y. 15 ; Haddock, Blanchard' & Go. v. Haddock, 192 N.-Y. 499; Artistic Greetings v. Sh'olom Greeting Card Co., 36 A D 2d 68; Jamaica Tobacco <& Sales Gorp. v. Ortner, 70 Mise 2d 388)..

People v. Brown

127 A.D.3d 640 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 2015

Under the circumstances, this was an unnatural omission, and a permissible basis for impeachment (see People v Savage, 50 NY2d 673 [1980], cert denied 449 US 1016 [1980]; People v Hightower, 237 AD2d 166 [1st Dept 1997], … lv denied 89 NY2d 1094 [1997]; People v Foy, 220 AD2d 220 [1st Dept 1995], lv denied 87 NY2d 901 [1995]).

Brown v. Waryas

45 Misc. 2d 77 · New York Supreme Court · Jan 13, 1965

Village of Larchmont, 19 A D 2d 624; Mandel v. Guardian Holding Co., 192 App. Div. 390 ). … Barricini Shoes, 1 A D 2d 905) and have a reasonable probability of success in their action (Pine Hill-Kingston Bus Corp. v. Davis, 225 App. Div. 182 ; Alper v. Unowitz, 31 Misc 2d 352 ).

Brown v. Otis

98 A.D. 554 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1904

Brown was erroneous. … Y. 158 ; Collins v. Long Island City, 132 id. 321; Matter of Adler Brothers & Co., 76 App. Div. 571 ; affd., 174 N. Y. 287 ; Cowenhoven v. Ball, 118 id. 231, 235.) It is contended that the defect is jurisdictional.

People v. Brown

152 A.D.2d 701 · Appellate Division of the Supreme Court of the State of New York · Jul 24, 1989

People v. Brown

247 A.D.2d 926 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1998

While we agree with defendant that the prosecutor engaged in misconduct on summation, we conclude that defendant was not thereby deprived of a fair trial (see, People v Galloway, 54 NY2d 396, 398 ). … County Court erred in its verdict sheet in failing to include “not guilty” as an option for each of the lesser included offenses (see, People v Piazza, 48 NY2d 151, 165).