Case law

People v. Brown

147 A.D.3d 969 · Appellate Division of the Supreme Court of the State of New York · Feb 15, 2017

his plea of guilty because he did not receive the sentence that had been promised is unpreserved for appellate review because the defendant did not move for leave to withdraw his plea of guilty on that basis (see People v

Brown v. Smith

85 A.D.3d 1648 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2011

Defendant failed to meet his initial burden of establishing that he did not have actual or constructive notice of the lead-paint condition (see Harden v Tynatishon, 49 AD3d 604, 605 [2008]; Vidal v Rodriquez, 301 AD2d 517 … , 518 [2003]; Alexander v Westminster Presbyt.

People v. Brown

92 A.D.3d 1216 · Appellate Division of the Supreme Court of the State of New York · Feb 10, 2012

Clark, 15 AD3d 864, 865 [2005], lv denied 4 NY3d 885 [2005], 5 NY3d 787 [2005]; see generally People v Middleton, 54 NY2d 42, 48-49 [1981]). … Butler, 81 AD3d 484 [2011], lv denied 16 NY3d 893 [2011]; People v Clark, 76 AD3d 916 [2010], lv denied 15 NY3d 952 [2010]; People v Jurgensen, 288 AD2d 937, 938 [2001], lv denied 97 NY2d 684 [2001]).

People v. Brown

181 A.D.3d 1301 · Appellate Division of the Supreme Court of the State of New York · Mar 20, 2020

People v Brown ( 2020 NY Slip Op 01981 ) People v Brown 2020 NY Slip Op 01981 Decided on March 20, 2020 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … BROWN, DEFENDANT-APPELLANT. TODD G. MONAHAN, LITTLE FALLS, FOR DEFENDANT-APPELLANT. KRISTYNA S. MILLS, DISTRICT ATTORNEY, WATERTOWN (HARMONY A. HEALY OF COUNSEL), FOR RESPONDENT.

Brown v. Fischer

77 A.D.3d 1004 · Appellate Division of the Supreme Court of the State of New York · Oct 7, 2010

As such, petitioner has received all the relief to which he is entitled, and the matter must be dismissed as moot (see Matter of Ortiz v Fischer, 71 AD3d 1244 [2010]; Matter of Johnson v Fischer, 67 AD3d 1217 [2009]).

Brown v. Turner

2024 NY Slip Op 01865 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 2024

Brown v Turner ( 2024 NY Slip Op 01865 ) Brown v Turner 2024 NY Slip Op 01865 Decided on April 04, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … Index No. 31843/18 Appeal No. 1993 Case No. 2023-01036 [*1]Franklin Brown, Plaintiff-Appellant, v Michael Turner, Defendant-Respondent. Kujawski & Kujawski, Deer Park (Mark C. Kujawski of counsel), for appellant.

People v. Brown

7 A.D.3d 831 · Appellate Division of the Supreme Court of the State of New York · May 6, 2004

Based upon the risk assessment instrument utilized by the Board of Examiners of Sex Offenders, defendant scored a 135, leading the Board to conclude that he was a violent sex offender and to recommend that he be classified … People v Dorato, 291 AD2d *833 580, 581 [2002]; People v Scott, 288 AD2d 763, 764 [2001]), a review of the case summary in the instant case discloses that the facts contained therein are based almost entirely on information

People v. Brown

302 A.D.2d 919 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2003

Defendant contends that his due process and equal protection rights were violated because the presumptive overrides applied by the New York State Board of Sex Examiners (Board) in making its recommendation of a defendant’ … Those contentions are raised for the first time on appeal and thus are not preserved for our review (see CPL 470.05 [2]; People v Ruz, 70 NY2d 942 ; People v Iannelli, 69 NY2d 684, 685 , cert denied 482 US 914 ; People v

People v. Brown

96 A.D.3d 1561 · Appellate Division of the Supreme Court of the State of New York · Jun 15, 2012

NY3d 702 [2004]; see People v Bassett, 55 AD3d 1434, 1438 [2008], lv denied 11 NY3d 922 [2009]). … merit (see People v Scott, 12 AD3d 1144, 1145 [2004], lv denied 4 NY3d 767 [2005]).

People v. Brown

66 A.D.3d 1385 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2009

Contrary to the contentions of defendant, we conclude that his waiver of the right to appeal is valid (see People v Lopez, 6 NY3d 248, 256 [2006]), and that it is not void as against public policy (see People v Carmody, 53 … [2009]; People v Bethune, 21 AD3d 1316 [2005], lv denied 6 NY3d 752 [2005]), we reject that contention (see generally People v Ford, 86 NY2d *1386 397, 404 [1995]).

People v. Brown

114 A.D.3d 1017 · Appellate Division of the Supreme Court of the State of New York · Feb 20, 2014

v Fernandez, 106 AD3d at 1283-1284 ; People v Simonetta, 94 AD3d 1242, 1244 [2012], lv denied 19 NY3d 1029 [2012]). … denied 20 NY3d 1012 [2013]; People v Brown, 39 AD3d 886, 887-888 [2007], lv denied 9 NY3d 873 [2007]; People v Higgins, 12 AD3d 775, 778 [2004], lv denied 4 NY3d 764 [2005]), and we are persuaded that whatever probative value

People v. Brown

2023 NY Slip Op 00635 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2023

People v Brown ( 2023 NY Slip Op 00635 ) People v Brown 2023 NY Slip Op 00635 Decided on February 07, 2023 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … No. 7282/03 Appeal No. 17254 Case No. 2017-2953 [*1]The People of the State of New York, Respondent, v Frank Brown, Defendant-Appellant. Justine M. Luongo, The Legal Aid Society, New York (Svetlana M.

People v. Brown

2023 NY Slip Op 00635 · Appellate Division of the Supreme Court of the State of New York · Feb 7, 2023

People v Brown ( 2023 NY Slip Op 00635 ) People v Brown 2023 NY Slip Op 00635 Decided on February 07, 2023 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … No. 7282/03 Appeal No. 17254 Case No. 2017-2953 [*1]The People of the State of New York, Respondent, v Frank Brown, Defendant-Appellant. Justine M. Luongo, The Legal Aid Society, New York (Svetlana M.

People v. Brown

59 A.D.3d 937 · Appellate Division of the Supreme Court of the State of New York · Feb 6, 2009

“Trial judges are vested with discretion in deciding plea withdrawal motions because they are best able to determine whether a plea is entered voluntarily, knowingly and intelligently” (People v Alexander, 97 NY2d 482, 485 … Nimmons, 27 AD3d 1186 [2006], lv denied 6 NY3d 851 [2006]; People v Dale, 235 AD2d 565, 566 [1997]).

Brown v. Turner

2024 NY Slip Op 01865 · Appellate Division of the Supreme Court of the State of New York · Apr 4, 2024

Brown v Turner ( 2024 NY Slip Op 01865 ) Brown v Turner 2024 NY Slip Op 01865 Decided on April 04, 2024 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431 … Index No. 31843/18 Appeal No. 1993 Case No. 2023-01036 [*1]Franklin Brown, Plaintiff-Appellant, v Michael Turner, Defendant-Respondent. Kujawski & Kujawski, Deer Park (Mark C. Kujawski of counsel), for appellant.

Brown v. Achy

9 A.D.3d 30 · Appellate Division of the Supreme Court of the State of New York · May 6, 2004

[2002]; Eng v New Main Line Trading Corp., 249 AD2d 359 [1998]; Cassagnol v Williamsburg Plaza Taxi, 234 AD2d 208 [1996]). … Dekhtyar, 301 AD2d 428, 429-430 [2003]; see also Lantigua v Williams, 305 AD2d 286 [2003], citing Ramos with approval; compare Melendez v Feinberg, 306 AD2d 98, 99 [2003], lv denied 1 NY3d 508 [2004]).

People v. Brown

7 A.D.3d 595 · Appellate Division of the Supreme Court of the State of New York · May 10, 2004

Correction Law § 168-n (3) specifically authorizes a hearing court to utilize reliable hearsay evidence in reaching its determination (see People v Myers, 306 AD2d 334 [2003]).

People v. Brown

7 N.Y.3d 880 · New York Court of Appeals · Nov 20, 2006

as to the elements of the crimes, did not commit a “mode of proceedings” error that went to the essential validity of the process and was so fundamental that the entire trial is irreparably tainted (see generally People v … Because defendant failed to object before the trial court, his claim is unpreserved for our review (see People v Gray, 86 NY2d 10 [1995]).

Dixon v. Brown

62 A.D.3d 1223 · Appellate Division of the Supreme Court of the State of New York · May 28, 2009

that petitioner engaged in inappropriate behavior that delayed the supervisor from engaging in her scheduled duties (compare Matter of Washington v Selsky, 48 AD3d 864, 865 [2008]; Matter of Ramirez v Schultz, 13 AD3d 457 … Finally, petitioner’s claim that he did not receive a fair hearing before an impartial Hearing Officer is not preserved for our review (see Matter of Bailey v Burge, 48 AD3d 854 [2008]; Matter of Williams v Goord, 37 AD3d

Noble v. Brown

137 A.D.3d 1714 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2016

Matter of Walters v Francisco, 63 AD3d 1610, 1611 [2009]; see generally Matter of Lincoln v Lincoln, 24 NY2d 270, 271-274 [1969]). … Nelson v Morales, 104 AD3d 1299, 1300 [2013]).