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188 A.D.2d 288 · Appellate Division of the Supreme Court of the State of New York · Dec 1, 1992
Although the two convictions were not recent, inquiry is not inappropriate if their bearing on defendant’s credibility is still relevant (see, People v Yeaden, 156 AD2d 208 , lv denied 75 NY2d 872 ). … Finally, even assuming that the trial court’s Sandoval ruling was improper, such error was harmless in light of the overwhelming evidence of defendant’s guilt (People v Bryant, 72 AD2d 568 ). Concur — Sullivan, J.
Cited 3 timesPublished203 A.D.2d 474 · Appellate Division of the Supreme Court of the State of New York · Apr 18, 1994
The court delivered an extensive charge on identification which included all of the required elements (see, People v Whalen, 59 NY2d 273 ; People v Daniels, 88 AD2d 392 ; 1 CJI[NY] 10.01, at 583).
Cited 2 timesPublished207 A.D.2d 962 · Appellate Division of the Supreme Court of the State of New York · Sep 30, 1994
Reversal, therefore, is not required (see, People v Castro-Garcia, 203 AD2d 899 ). … 961 ; People v Gessner, 188 AD2d 1079 , lv denied 81 NY2d 1073 ).
Cited 3 timesPublished3 A.D.2d 696 · Appellate Division of the Supreme Court of the State of New York · Jan 18, 1957
People v. Raymondi, 180 Misc. 973 .) Any holding to the contrary, as in People v. Jackson ( 2 Misc 2d 521 ) we do not approve.
Cited 1 timesPublished31 A.D.3d 657 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2006
Cited 0 timesPublished298 A.D.2d 158 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2002
Issues of credibility were properly considered by the jury and there is no basis upon which to disturb its determinations (see People v Gaimari, 176 NY 84, 94 ). … We decline to invoke our interest of justice jurisdiction to dismiss the non-inclusory concurrent count (see People v Spence, 290 AD2d 223 , lv denied 98 NY2d 641 ; People v Kulakov, 278 AD2d 519 , lv denied 96 NY2d 785 )
Cited 1 timesPublished16 Barb. 367 · New York Supreme Court · Sep 5, 1853
Brown has departed from the said county of Fulton, where he last lived, with intent to defraud his creditors, as deponent is informed and verily believes.” This is almost within the words of the 26th section.
Cited 4 timesPublished687 F. Supp. 2d 295 · District Court, W.D. New York · Sep 18, 2009
Plaintiff, Carlton Brown, appearing pro se, commenced this action under 42 U.S.C. § 1983 . … Hemphill v.
Cited 15 timesPublished98 A.D.3d 898 · Appellate Division of the Supreme Court of the State of New York · Sep 25, 2012
Instead, it should have fixed a charging lien based upon the account stated (see Tunick v Shaw, 45 AD3d 145, 149 [1st Dept 2007]; Bartning v Bartning, 16 AD3d at 250 ). … Since the record here does not show that there has been a final judgment in this action, the law firm’s request for a money judgment was properly denied (see Squitieri v Squitieri, 77 AD3d 428, 428 [2010]).
Cited 12 timesPublished32 A.D.3d 1211 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 2006
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court (Riddell v Brown, *1212 8 Misc 3d 1016[A] , 2005 NY Slip Op
Cited 0 timesPublished32 A.D.3d 1213 · Appellate Division of the Supreme Court of the State of New York · Sep 22, 2006
. *1214 It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court (Riddell v Brown, 8 Misc 3d 1016[A] , 2005 NY Slip
Cited 0 timesPublished186 A.D.2d 142 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 1992
By dropping the plastic bag and walking away, the defendant abandoned it (see, People v McCants, supra; People v Thomas, 161 AD2d 1167 ; People v Kosciusko, 149 AD2d 620 ). … 176 NY 84, 94 ; see also, People v Nieves, 143 AD2d 229 ; People v Storm, 114 AD2d 477 ).
Cited 3 timesPublished286 A.D.2d 508 · Appellate Division of the Supreme Court of the State of New York · Aug 27, 2001
There was sufficient evidence to support the hearing court’s determination that the defendant’s statements were voluntary (see, People v May, 263 AD2d 215, 219 ; People v Howard, 256 AD2d 1170 ; People v Rodriguez, 231 AD2d … 650 ; People v Ragin, 224 AD2d 642 ).
Cited 2 timesPublished159 A.D.2d 1011 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 1990
Disagreement over trial strategy or tactics does not render counsel’s assistance ineffective (see, People v Montana, 71 NY2d 705, 708 ). … Defendant was properly sentenced as a second violent felony offender (see, Penal Law § 70.04 [1] [b] [i]; People v Morse, 62 NY2d 205, 213 ; People v Gonzalez, 61 NY2d 586, 589 ; cf, People v Muniz, 74 NY2d 464 ).
Cited 2 timesPublished138 A.D.3d 661 · Appellate Division of the Supreme Court of the State of New York · Apr 6, 2016
Servs., Inc. v 83-17 Broadway Corp., 126 AD3d 752, 754 [2015]; Hothan v Mercy Med. Ctr., 105 AD3d 905 , 905-906 [2013]; cf. … Cos., LLC v Carbone, 134 AD3d 890, 893 [2015]).
Cited 10 timesPublished16 N.Y.S. 251 · New York Supreme Court · Nov 15, 1891
Van Deusen v. Sweet, 51 N. Y. 878 ; Valentine v. Lunt, 115 N. Y. 497 , 22 N. E. Rep. 209; Riggs v. Society, 95 N. Y. 503 . This court is already committed upon the proposition by its decision in Goodyear v. Adams, 5 N. … In Carpenter v. Ottley, 2 Lans. 451 , the cases of Crary v. Goodman and Phillips v.
Cited 3 timesPublished276 A.D.2d 635 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 2000
However, on the facts presented, the search was rationally and reasonably related to the performance of the parole officer’s duties (see, People v Huntley, 43 NY2d 175 ).
Cited 3 timesPublished104 A.D.2d 383 · Appellate Division of the Supreme Court of the State of New York · Aug 6, 1984
of evidence which would have exonerated the defendant, without initially determining the good-faith basis for such questioning or holding a Bench conference to determine the reasons for the silence of the witness (People v … Dawson, 50 NY2d 311 ; People v Muniz, 89 AD2d 611 ; People v Reed, 83 AD2d 645 ).
Cited 3 timesPublished194 A.D.2d 548 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1993
We further find no "compelling factor” in this case which would warrant the dismissal of the instant indictment (see, People v DeBiasi, 160 AD2d 952, 953 ; see also, People v Belkota, 50 AD2d 118, 120 ). … The trial court’s discretion to dismiss an indictment in furtherance of justice is not absolute (see, People v Schlessel, 104 AD2d 501, 502 ).
Cited 2 timesPublished
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