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195 A.D.2d 474 · Appellate Division of the Supreme Court of the State of New York · Jul 6, 1993
Nevertheless, in light of the overwhelming evidence of guilt, we find that the prosecutorial misconduct constituted harmless error (see, People v Crimmins, 36 NY2d 230 ).
Cited 2 timesPublished159 A.D.2d 411 · Appellate Division of the Supreme Court of the State of New York · Mar 22, 1990
(Notably, we have already determined that the lineup was fair [People v Brown, 138 AD2d 983 ].) After six viewings, counsel spoke to defendant and left. … (See, People v Logan, 25 NY2d 184, 193 .) Defendant raises several claims which have not been preserved for review by this court as a matter of law, and we thus decline to reach them. (CPL 470.05 [2].)
Cited 3 timesPublished264 A.D.2d 12 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 2000
We reject defendant’s contention that the term “parent” is ambiguous (see, Penal Law § 135.00 [3]; § 135.30) and that, pursuant to the rule of lenity (see, Matter of Kimberly H., 196 AD2d 192, 195 ; People v Jackson, 106
Cited 2 timesPublished25 N.Y.2d 903 · New York Court of Appeals · Sep 25, 1969
of dismissing appeals, with costs and $10 costs of motion, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution unless, within 10 days, appellant Ainos Brown … However, the dismissals of the appeal taken by, and the motion for leave to appeal made by, said Amos Brown are without prejudice to his making or preserving an objection to jurisdiction during any further proceedings in
Cited 3 timesPublished182 A.D.2d 563 · Appellate Division of the Supreme Court of the State of New York · Apr 23, 1992
defendant’s arguments on direct appeal that the court improperly encouraged the jury to take notes and that the court’s cautionary instructions were inadequate are unpreserved for appellate review (CPL 470.05 [2]; People v … Over defense counsel’s objection, the prosecutor improperly implied in his summation that the People’s witnesses were worthy of belief because they exposed themselves to danger by testifying in court (People v Brown, 76 AD2d
Cited 2 timesPublished6 N.Y.3d 892 · New York Court of Appeals · May 25, 2006
6 N.Y.3d 892 (2006) People v. Brown (Janice). Court of Appeals of the State of New York. May 25, 2006. Application in criminal cases for leave to appeal denied. (Graffeo, J.).
Cited 0 timesPublished26 A.D.3d 789 · Appellate Division of the Supreme Court of the State of New York · Feb 3, 2006
Cited 0 timesPublished7 A.D.3d 726 · Appellate Division of the Supreme Court of the State of New York · May 17, 2004
It is well settled that a criminal defendant has no statutory or constitutional right to compel a complainant to undergo a pretrial psychological examination (see Matter of Brown v Blumenfeld, 296 AD2d 405 [2002]; People … As a general proposition, expert testimony is properly admitted to help lay jurors understand matters that are not ordinarily within their understanding (see People v Brown, 97 NY2d 500, 510 [2002]; People v Lee, 96 NY2d
Cited 2 timesPublished73 A.D.2d 781 · Appellate Division of the Supreme Court of the State of New York · Dec 27, 1979
The pertinent underlying facts are set forth in Matter of Brown v Levitt ( 58 AD2d 915 ), wherein this matter was previously before, this court and it was remitted for further proceedings to determine whether petitioner’s … v Levitt, supra).
Cited 1 timesPublished182 A.D.2d 582 · Appellate Division of the Supreme Court of the State of New York · Apr 28, 1992
Board of Educ., 34 NY2d 222 , 230-331). … Petitioner’s previously unblemished record does not warrant setting aside the penalty of dismissal (see, Matter of Ansbro v McGuire, 49 NY2d 872 ; Trotta v Ward, 77 NY2d 827, 828 ). Concur — Milonas, J.
Cited 2 timesPublished197 A.D.2d 455 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 1993
(Matter of Cortijo v Ward, 158 AD2d 345 .) Petitioner’s mere allegations that he was discriminated against because of his ethnic heritage, do not withstand scrutiny. … (McDonnell Douglas Corp. v Green, 411 US 792, 803 .) Concur—Sullivan, J. P., Carro, Ellerin, Kassal and Rubin, JJ.
Cited 1 timesPublished177 A.D.2d 942 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1991
“In order to support a conviction for third degree criminal mischief, 'it is sufficient to define value in terms of the cost of repair to the property, so long as the property is repairable’ (People v Simpson, 132 AD2d 894 … , 895 , lv denied 70 NY2d 937 ; cf., People v Gaines, 136 AD2d 731, 734 , lv denied 71 NY2d 896 )” (People v Woodard, 148 AD2d 997, 998 , lv denied 74 NY2d 749 ).
Cited 2 timesPublished166 Misc. 2d 378 · New York County Courts · Oct 20, 1995
Easton from the Capital Defender’s Office as lead counsel and Daniel Doyle as associate counsel to represent defendant Brown and appoints Felix Lapine as lead counsel and Peter Pullano as associate counsel to represent defendant
Cited 2 timesPublished6 Cow. 41 · New York Supreme Court · Aug 15, 1826
They said the remedy by attachment, although in form a criminal, was in truth but a civil proceeding; and the sheriff was liable for the act of his deputy, the same as in a civil action ; that The People v.
Cited 2 timesPublished5 N.Y.3d 851 · New York Court of Appeals · Oct 27, 2005
5 N.Y.3d 851 (2005) PEOPLE v. BROWN (JEROME). Court of Appeals of the State of New York. October 27, 2005. Applications in criminal cases for leave to appeal denied. (R.S. Smith, J.
Cited 0 timesPublished17 A.D. 129 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1897
(Channon v. Lusk, 2 Lans. 211 ; Lobdell v. Stowell, 37 How. Pr. 88 ; S. C., 51 N. Y. 70 .) … Brown.”. Evidently., the . claim made was, that defendant should settle his account with White ■ and pay oyer any balance found due him.
Cited 3 timesPublished84 A.D.2d 910 · Appellate Division of the Supreme Court of the State of New York · Nov 13, 1981
Memorandum: We are presented with the type of case anticipated in People v Jenkins in which the People “knew or should have known that the testimony [of a police informant] would be material and relevant to the defense, [ … In light of the critical nature of the informant’s testimony, the People’s failure to produce him deprived defendant of a fair trial (People v Jenkins, 41 NY2d 307 , supra; People v Goggins, 34 NY2d 163 , cert den 419 US
Cited 3 timesPublished256 A.D.2d 1109 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1998
People v Davis, 182 AD2d 538, 540 , lv denied 80 NY2d 902 ; People v Morales, 126 AD2d 575 ). … Jamison, 47 NY2d 882, 883-884 ; People v Moulton, 43 NY2d 944, 945-946 ).
Cited 5 timesPublished158 A.D.2d 528 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 1990
; United States v Wade, 388 US 218 ; People v Wesley, 73 NY2d 351 ). … 1 ; People v Olcan, 143 AD2d 369 ).
Cited 5 timesPublished8 A.D.3d 10 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 2004
The court improperly signed a judgment of divorce that contained provisions extraneous to the parties’ stipulation of settlement, in effect reforming the stipulation (see Cohen-Davidson v Davidson, 291 AD2d 474, 475 [2002 … Underwriters v American Intl. Group, 66 NY2d 878, 880-881 [1985]). Concur— Tom, J.P., Andrias, Saxe, Ellerin and Marlow, JJ.
Cited 1 timesPublished
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