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140 A.D.2d 363 · Appellate Division of the Supreme Court of the State of New York · May 2, 1988
Assigned appellate counsel filed an Anders/Saunders brief (see, Anders v California, 386 US 738 , supra; People v Saunders, 52 AD2d 833 ), claiming that the appeal was frivolous. … Since nonfrivolous issues can be identified in the record, we must assign new counsel and reconsider the appeal de novo (see, People v Casiano, 67 NY2d 906 ; People v Vasquez, 70 NY2d 1 , rearg denied 70 NY2d 748 ).
Cited 4 timesPublished28 N.Y.2d 282 · New York Court of Appeals · Apr 15, 1971
Distinguishing Preston v. United States ( 376 U. S. 364 ), as dealing with a warrantless search in connection with an arrest, and Dyke v. Taylor Implement Co. ( 391 U. … S. 20 ; People v. Lewis, 26 N Y 2d 547). This court has in appropriate circumstances sustained searches based on probable cause related to the vehicle itself (People v. Montgomery, 15 N Y 2d 732; People v.
Cited 26 timesPublished52 Barb. 15 · New York Supreme Court · Dec 7, 1868
In Dunlap v. Snyder, ( 17 Barb. 561 ,) it was held unanimously by the four judges that such evidence was incompetent, overruling the decision in Brill v. Flagler, ( 23 Wend. 354 .) … In Brill v. Flagler , thus overruled, the court held that the opinion of a witness as to the value of a dog was larely competent. That was the ease of a “ well broke setter dog.”
Cited 4 timesPublished62 A.D.3d 1106 · Appellate Division of the Supreme Court of the State of New York · May 14, 2009
Fischer, 54 AD3d 1088, 1088 [2008]; Matter of Given v Goord, 51 AD3d 1343, 1343 [2008]; Matter of Edwards v Goord, 26 AD3d 659, 660 [2006], lv denied 7 NY3d 710 [2006]). … Therefore, we find a rational basis for the determination (see Matter of Edwards v Goord, 26 AD3d at 660 ; Matter of McPherson v Goord, 17 AD3d 750, 751 [2005], lv denied 5 NY3d 709 [2005]).
Cited 4 timesPublished40 N.Y.2d 381 · New York Court of Appeals · Jun 17, 1976
(United States v Jenkins, 420 US 358, 370 .) … (Wade v Hunter, 336 US 684, 689 .)
Overruled — as noted by a later courtCited 79 timesPublished48 N.Y.2d 388 · New York Court of Appeals · Nov 27, 1979
Brown’s first trial ended in a hung jury. … Thus, in People v Crimmins ( 26 NY2d 319 ) and People v De Lucia ( 20 NY2d 275 ), this court set aside verdicts where jurors had made unauthorized visits to locations described in trial testimony, finding the jury conduct
Cited 209 timesPublished7 Wend. 322 · New York Supreme Court · May 15, 1831
In Ramchander v. Hammond, 2 Johns. … Tucker v. Ives, 6 Cowen, 195. The case of Tucker v.
Cited 17 timesPublished26 N.Y.2d 88 · New York Court of Appeals · Jan 21, 1970
As we pointed out in People v. … Sutter v. Easterly, 354 Mo. 282 , 189 S. W. 2d 284 ,162 A. L. R 437.” In People v.
Cited 86 timesPublished104 A.D.3d 459 · Appellate Division of the Supreme Court of the State of New York · Mar 12, 2013
case of negligence on the part of the driver of the rear vehicle, and imposes a duty on the part of the operator of the moving vehicle to come forward with an adequate nonnegligent explanation for the accident” (Cabrera v … 283 [1st Dept 2001], appeal dismissed 97 NY2d 677 [2001]), and, in any event, is not sufficient to defeat the motion (see Francisco v Schoepfer, 30 AD3d 275, 276 [1st Dept 2006]).
Cited 2 timesPublished4 Johns. Ch. 671 · New York Court of Chancery · Dec 24, 1820
v The Chancellor. … (a) Vide, Williams v. Brown, the next ease, and M'Dermutt v. Strong, p. 687.
Cited 44 timesPublished11 N.Y. 148 · New York Court of Appeals · Jun 5, 1854
In the case of Adderly v. … In the case of Worrall v.
Cited 16 timesPublished1 Wend. 115 · New York Supreme Court · Aug 15, 1828
In Livingston v. Rogers, ( 1 Caines, 583 ,) it was held that the want of an award of venire upon the record, was ground for arresting the judgment. In The People v. McKay, (18 Johns. … (Thomas v. Weed, 14 Johns. R. 255. Van Slyck v. Hogeboom, 6 Johns. R. 270.) The action of debt against the sheriff for an escape, is given by the 19th section of the act concerning sheriffs, &c. (1 R. L. *118 425.
Cited 5 timesPublished9 Wend. 175 · New York Supreme Court · May 15, 1832
The true ground of this recovery, I consider, as given by Heath, J. in Farmer v. Russell, 1 Bos. & Pul. 296, that whether the consideration be good or bad, a man may recover his own money.” … the plaintiff to his agent, which was the same in judgment of law as if it had been paid directly to him; the illegal contract was out of the question, and the rule pari delicto did not apply, though Hooke, J. in Farmer v.
Cited 20 timesPublished64 N.Y. 76 · New York Court of Appeals · Feb 1, 1876
In Moyer v. … (See Chesterman v. Gardner, 5 J. Ch., 29 ; Grinstone v. Carter, 3 Paige, 421 ; Cook v. Travis, 20 N. Y., 400 ; Webster v. Van Steenbergh, 46 Barb., 212 .)
Cited 87 timesPublished110 A.D.3d 1024 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 2013
Travel & Transp., Inc., 106 AD3d 965 [2013]; Ricci v Lo, 95 AD3d 859 [2012]; Cuevas v Chavez, 94 AD3d 803 [2012]; Hamilton v King Tung Kong, 93 AD3d 821 [2012]). … Ricci v Lo, 95 AD3d 859 [2012]; Rosenblatt v Venizelos, 49 AD3d 519 [2008]). *1026 The plaintiffs remaining contentions are without merit.
Cited 7 timesPublished133 N.Y. 308 · New York Court of Appeals · May 24, 1892
In Hicks v. Cochran ( 4 Edw. … In Cloos v.
Cited 26 timesPublished140 A.D.3d 1740 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 2016
People v Williams, 25 NY3d 185, 193 [2015]; People v Capers, 94 AD3d 1475, 1476 [2012], lv denied 19 NY3d 971 [2012]). … People v Samms, 95 NY2d 52, 58 [2000]).
Cited 7 timesPublished
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