Case law

People v. Brown

128 A.D.3d 1183 · Appellate Division of the Supreme Court of the State of New York · May 14, 2015

MEMORANDUM AND ORDER FREDERICK BROWN, Appellant. ________________________________ Calendar Date: March 27, 2015 Before: Garry, J.P., Egan Jr., Lynch and Clark, JJ. … 1138 [2014]; People v Maggio, 70 AD3d at 1260; People v Pereau, 45 AD3d at 980).

People v. Brown

2023 NY Slip Op 00037 · Appellate Division of the Supreme Court of the State of New York · Jan 5, 2023

People v Brown ( 2023 NY Slip Op 00037 ) People v Brown 2023 NY Slip Op 00037 Decided on January 05, 2023 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … Ind No. 4659/16 Appeal No. 17035 Case No. 2019-2346 [*1]The People of the State of New York, Respondent, v Donell Brown, Defendant-Appellant. Robert S. Dean, Center for Appellate Litigation, New York (Matthew W.

People v. Brown

154 A.D.3d 1004 · Appellate Division of the Supreme Court of the State of New York · Oct 5, 2017

“Good cause determinations are necessarily case-specific and therefore fall within the discretion of the trial court” (People v Linares, 2 NY3d 507, 510 [2004]; see People v Smith, 18 NY3d 588, 592 [2012]; People v Toledo … Wren, 119 AD3d 1291, 1292 [2014], lv denied 24 NY3d 1048 [2014]; People v Brown, 115 AD3d 1115, 1116 [2014], lv denied 24 NY3d 959 [2014]).

Scheker v. Brown

85 A.D.3d 1007 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 2011

County of Suffolk, 10 NY3d 906, 908 [2008]; Gleason v Villegas, 81 AD3d 889, 890 [2011] ; Klopchin v Masri, 45 AD3d 737 [2007]). … Co., 65 AD3d 1110 [2009]; Guerra v Cantos, 38 AD3d 714 [2007]; Rozengauz v Lok Wing Ha, 280 AD2d 534 [2001]). Skelos, J.P., Covello, Balkin and Austin, JJ., concur.

People v. Brown

2022 NY Slip Op 02655 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2022

People v Brown ( 2022 NY Slip Op 02655 ) People v Brown 2022 NY Slip Op 02655 Decided on April 22, 2022 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … DAVONTAE BROWN, DEFENDANT-APPELLANT.

Brown v. Fischer

148 A.D.3d 1383 · Appellate Division of the Supreme Court of the State of New York · Mar 16, 2017

We note that the loss of good time incurred by petitioner as a result of the disciplinary determination also should be restored (see Matter of Lawrence v Annucci, 141 AD3d 1063, 1063 [2016]). … In view of this, and given that petitioner has been granted all the relief to which he is entitled, the petition must be dismissed as moot (see Matter of Kirshtein v New York State Dept. of Corr. & Community Supervision,

People v. Brown

149 A.D.3d 584 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 2017

The People thus adequately explained on the record the reasons for the change from readiness on October 25 to unreadiness on November 7 (see People v Brown, 28 NY3d 392 [2016]). … ’s omnibus motion on the second indictment (see People v Brown, 99 NY2d 488, 492 [2003]), and from the People’s need for “a reasonable time to prepare after the court’s decision on motions” (People v Davis, 80 AD3d 494, 494

Board of Education of Union Free School District No. 3 of Huntington v. Associated Teachers of Huntington, Inc.

30 N.Y.2d 122 · New York Court of Appeals · Mar 16, 1972

[Bd. of Educ.], 34 A D 2d 351, 355, supra; see, also, Rayburn v. Board of Educ., 71 LRRM 2177, 2178 [Mich. Cir. Ct.].) … (See Kranker v. Levitt, 30 N Y 2d 574.)

Burtman v. Brown

97 A.D.3d 156 · Appellate Division of the Supreme Court of the State of New York · Jun 5, 2012

(Dallas-Stephenson v Waisman, 39 AD3d 303 [1st Dept 2007].) … (See Maggio v Werner, 213 AD2d 883, 884 [3d Dept 1995], citing Markley v Albany Med. Ctr. Hosp., 163 AD2d 639, 640 [3d Dept 1990]; see also Wasserman v Staten Is.

John Paul Mitchell Systems v. Quality King Distributors, Inc.

106 F. Supp. 2d 462 · District Court, S.D. New York · Jun 8, 2000

See United States v. Bagaric, 706 F.2d 42, 67 (2d Cir.1983); United States v. Holmquist, 36 F.3d 154, 167 (1st Cir.1994); Denison v. … United States v. Brown, 688 F.2d 1112, 1116 (7th Cir.1982). The U.S.

People v. Brown

13 N.Y.3d 332 · New York Court of Appeals · Nov 19, 2009

Because the report is “nontestimonial,” we hold that its admission did not constitute a Crawford violation (see Crawford v Washington, 541 US 36 [2004]; Melendez-Diaz v Massachusetts, 557 US —, 129 S Ct 2527 [2009]). … The People cited to People v Cratsley ( 86 NY2d 81 [1995]) and People v Kennedy ( 68 NY2d 569 [1986]), arguing that a business record can be introduced by a person who is not a custodian of records, provided that the other

Brown v. Patterson

108 A.D.3d 1131 · Appellate Division of the Supreme Court of the State of New York · Jul 5, 2013

, 1010-1011 [2006]; Matter of Wilson v Bennett, 282 AD2d 933, 934 [2001]). … ]; see Kuhn v Kuhn, 129 AD2d 967, 967 [1987]; see also CPLR 5512 [a]).

People v. Brown

142 A.D.3d 769 · Appellate Division of the Supreme Court of the State of New York · Sep 1, 2016

The verdict as to Brown and Layne was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). … Defendants Brown’s and Layne’s argu- *771 merits regarding the scope of our review of the court’s ruling are unavailing (see People v Nicholson, 26 NY3d 813 [2016]; People v Garrett, 23 NY3d 878 , 885 n 2 [2014]).

Brown v. Fischer

98 A.D.3d 778 · Appellate Division of the Supreme Court of the State of New York · Aug 2, 2012

misbehavior report, testimony at the hearing and confidential information, supports the determination finding petitioner guilty of conspiring with his girlfriend to smuggle drugs into the correctional facility (see Matter of Ware v … negate petitioner’s guilt, as violation of those rules occurred when petitioner solicited and conspired with another to bring the drugs into the facility (see 7 NYCRR 270.2 [B] [14] [xv]; [15] [i]; see also Matter of Sanders v

People v. Brown

122 A.D.3d 536 · Appellate Division of the Supreme Court of the State of New York · Nov 25, 2014

As such, we find it unnecessary to determine the propriety of the assessment of the contested points (see People v Lucas, 118 AD3d 415 [1st Dept 2014]). … 100, the court properly exercised its discretion in declining to grant a downward departure, since the mitigating factors cited by defendant were adequately taken into account by the risk assessment instrument (see People v

Shields v. Brown

107 A.D.3d 1005 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 2013

In a family offense proceeding pursuant to Family Court Act article 8, Gary Brown appeals from an order of protection of the Family Court, Queens County (Lebwohl, J.), dated February 23, 2012, which, after a hearing, in effect … Here, a fair preponderance of the credible evidence elicited at the fact-finding hearing supports the hearing court’s determination that Gary Brown committed the family offenses of harassment in the second degree and disorderly

People v. Brown

85 A.D.3d 750 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2011

The Board of Examiners of Sex Offenders recommended that the defendant be classified as a level three sex offender. … The Supreme Court properly determined that the defendant was not entitled to a downward departure and, thus, properly designated the defendant a level three sex offender (see People v Bussie, 83 AD3d 920 [2011]; People v

Brown v. Phillbert

2020 NY Slip Op 06847 · Appellate Division of the Supreme Court of the State of New York · Nov 19, 2020

Brown v Phillbert ( 2020 NY Slip Op 06847 ) Brown v Phillbert 2020 NY Slip Op 06847 Decided on November 19, 2020 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary … Index No. 27283/17E Appeal No. 12426 Case No. 2020-02348 [*1]Corretta Brown, Plaintiff-Respondent, v Audrey Phillbert et al., Defendants-Appellants. Lester Schwab Katz & Dwyer, LLP, New York (Jeffrey B.

People v. Brown

2026 NY Slip Op 01131 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 2026

People v Brown (2026 NY Slip Op 01131) People v Brown 2026 NY Slip Op 01131 Decided on February 26, 2026 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … Ind No. 73482/22|Appeal No. 5928|Case No. 2023-03543| [*1]The People of the State of New York, Respondent, v Brian Brown, Defendant-Appellant. Jenay Nurse Guilford, Center for Appellate Litigation, New York (Shiv R.

Brown v. Sanders

142 A.D.3d 940 · Appellate Division of the Supreme Court of the State of New York · Sep 14, 2016

Countrywide Home Loans Servicing, LP v Albert, 78 AD3d 983, 984 [2010]). … The plaintiff exhibited a lack of diligence in commencing the action, and failed to establish a potentially meritorious cause of action (see Navarrete v Metro PCS, 137 AD3d 1230, 1231 [2016]; Agudo v Zhinin, 94 AD3d 680,