Case law

People v. Brown

38 A.D.3d 795 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2007

No juror was questioned or excused in the absence of the court (see People v Toliver, 89 NY2d 843 [1996]; People v Pinkney, 272 AD2d 52 [2000]). … Under the circumstances, the record does not demonstrate that there was an improper delegation of judicial authority by the trial court (see People v Pulido, 278 AD2d 254 [2000]).

Worrel v. Brown

177 A.D.2d 446 · Appellate Division of the Supreme Court of the State of New York · Nov 26, 1991

Weisz v Levitt, 59 AD2d 1002, 1003 ). … Kelly, 71 NY2d 135, 143-144 ; Matter of Jones v Ward, 166 AD2d 323 ).

People v. Brown

112 A.D.2d 13 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1985

People v Bones, 103 AD2d 1012 ).

O'Hara v. Brown

193 A.D.2d 564 · Appellate Division of the Supreme Court of the State of New York · May 27, 1993

Assocs. v State Div. of Human Rights, 45 NY2d 176 ). It is for the administrative agency, not the court, to resolve issues of credibility (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444 ). … Vega v Smith, 66 NY2d 130 .) We have considered petitioner’s remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Carro, Ellerin and Wallach, JJ.

People v. Brown

200 A.D.2d 435 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1994

Without objection, the trial court improperly charged the jury in the conjunctive rather than in the alternative (People v Gallagher, 69 NY2d 525 ). … Under the cir *436 cumstances, the court made an adequate inquiry of defendant’s request (People v Sides, 75 NY2d 822, 824 ).

Stebbins v. Brown

65 Barb. 274 · New York Supreme Court · Mar 3, 1873

It was not competent to meet the defendant’s evidence tending to show an express agreement that absences should be deducted from the charges for board, by proof that it is the custom of hotels not to allow such deductions

People v. Brown

240 A.D.2d 281 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 1997

We find no reason to disturb the jury’s credibility findings (People v Corporan, 169 AD2d 643 ). … The court properly permitted the People to introduce rebuttal evidence (see, People v Cade, 73 NY2d 904 ), which rebutted defendant’s claim of lawful possession of the weapon as well as the presence at the scene of defendant

People v. Brown

175 A.D.2d 708 · Appellate Division of the Supreme Court of the State of New York · Aug 8, 1991

(See, People v Rojas, 61 NY2d 726, 727 .) … (People v Page, 72 NY2d 69 .)

People v. Brown

188 A.D.2d 930 · Appellate Division of the Supreme Court of the State of New York · Dec 30, 1992

We conclude that the evidence, viewed in a light most favorable to the People (see, People v Manini, 79 NY2d 561, 568-569 ; People v Contes, 60 NY2d 620, 621 ), established only that defendant possessed a key to the building … Manini, supra, at 573; People v Pearson, 75 NY2d 1001, 1002 ; People v Hill, 182 AD2d 1087, 1087-1088 , lv denied 80 NY2d 895 ; cf., People v Torres, 68 NY2d 677 ; People v Mejie, 186 AD2d 155 ). *932 Finally, defendant’s

Brown v. State

24 Misc. 2d 358 · New York Court of Claims · Sep 16, 1960

(Huff v. State of New York, 271 App. Div. 1040 .) … (McCombs v. Hegarty, 205 Misc. 937 ; Curtis v. Kozeluh, 50 N. Y. S. 2d 883.) Words alone, no matter how coarse and abusive, never justify physical assault (Matter of Levy v. World-Telegram, 255 App.

People v. Brown

233 A.D.2d 947 · Appellate Division of the Supreme Court of the State of New York · Nov 8, 1996

By failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that his plea was not knowingly, intelligently and voluntarily made (see, People v … Downing, 225 AD2d 1094 , lv denied 88 NY2d 846 ; People v Jordan, 215 AD2d 257 , lv denied 87 NY2d 847 ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice

People v. Brown

70 A.D.2d 1043 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1979

Duffy, 36 NY2d 258 ; People v Kass, 25 NY2d 123 ; People v Schwartzman, 24 NY2d 241 , cert den 396 US 846 ). … Cross-examination as to such prior acts will not be permitted when the obvious intent is to show a propensity to commit the same crime for which the defendant is on trial (People v Duffy, supra; People v Schwartzman, supra

People v. Brown

220 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Oct 16, 1995

However, upon our review of the record, we do not find reversible summation error (see, People v Galloway, 54 NY2d 396, 401 ) and we conclude that the court’s charge concerning weighing the credibility of witnesses, when

People v. Brown

190 A.D.2d 813 · Appellate Division of the Supreme Court of the State of New York · Feb 16, 1993

662 ; People v Pellegrino, 60 NY2d 636 ). … v Gerber, 182 AD2d 252 ).

Brown v. May

5 A.D.3d 1065 · Appellate Division of the Supreme Court of the State of New York · Mar 19, 2004

People v. Brown

92 A.D.2d 872 · Appellate Division of the Supreme Court of the State of New York · Mar 7, 1983

P., O’Connor, Brown and Rubin, JJ., concur.

Brown v. State

250 A.D.2d 796 · Appellate Division of the Supreme Court of the State of New York · May 26, 1998

Wesley, 76 NY2d 555 ; People v Goetz, 68 NY2d 96 ). … v State of New York, 186 AD2d 794 ).

People v. Brown

272 A.D.2d 339 · Appellate Division of the Supreme Court of the State of New York · May 1, 2000

This waiver precludes appellate review of his claim that the enhanced sentences were excessive (see, People v Miles, 268 AD2d 489 ). Mangano, P. J., O’Brien, Thompson, Krausman and Feuerstein, JJ., concur.

State v. Brown

20 Del. 120 · New York Court of General Session of the Peace · Nov 14, 1902

J., charging the jury : Gentlemen of the jury:—Frank Brown, the prisoner at the bar, is charged with having shot and killed one James Gilmore, in a house back of the post office in this town, on the twenty-eighth day of May … If you believe that Frank Brown fired the pistol with the ball which killed James Gilmore and that when he did so it was in pursuance of a sedate, deliberate mind and formed design to take life or to do some great and serious

People v. Brown

29 A.D.3d 443 · Appellate Division of the Supreme Court of the State of New York · May 23, 2006

740 [2004]; People v Machado, 300 AD2d 16 [2002], lv denied 99 NY2d 630 [2003]). … v Samuels, 49 NY2d 218, 221 [1980]; see also People v Kinchen, 60 NY2d 772, 773 [1983]), and we decline to review this unpreserved claim in the interest of justice.