Case law
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68 A.D.2d 503 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1979
People v Bieniek, 60 AD2d 777 ; People v Brown, 70 Misc 2d 224, 227-228 [Birns, J.]). … Brown’s life; that Mr. Monges first met Mr.
Cited 33 timesPublished5 Cow. 181 · New York Supreme Court · Oct 15, 1825
(Sayre v. Earl of Rochford, 2 W. Bl. 1165. Garth. 280. 2 Chit. Pl. 643, note,(t) (u). 5 Com. Dig. Pleader, (F. 18.) He cannot give it in evidence under the general replication *186 of de injuria. In Collier v. … King et ux. v. Peppard, Comb. 227.
Cited 3 timesPublished101 A.D.3d 1627 · Appellate Division of the Supreme Court of the State of New York · Dec 21, 2012
Ingram, 217 AD2d 986, 987 [1995]; see generally People v Goggins, 34 NY2d 163, 168-169 [1974], cert denied 419 US 1012 [1974]). … “[T]he right to counsel does not include the right to delay” (People v Arroyave, 49 NY2d 264, 273 [1980] [internal quotation marks omitted]).
Cited 9 timesPublished20 N.Y. 99 · New York Court of Appeals · Sep 5, 1859
This question was decided in accordance with these views, by the Supreme Court,in the case of Ball v. Gardiner ( 21 Wend., 270 ), and I see no reason to doubt the correctness of that decision.
Cited 17 timesPublished32 A.D.2d 760 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 1969
(People v. Boddie, 28 A D 2d 724.) None of the modifications of the verdict suggested by the People in their brief would be proper, as we believe that, under all the circumstances, a new trial should be held.
Cited 4 timesPublished267 N.Y. 167 · New York Court of Appeals · Apr 16, 1935
(Tinker v. Colwell, 193 U. S. 473, 487 .) … (People v. Sugarman, 216 App. Div. 209 ; affd., 243 N. Y. 638 ; People v. Lowe, 209 App. Div. 498 .)
Cited 29 timesPublished117 A.D.3d 962 · Appellate Division of the Supreme Court of the State of New York · May 21, 2014
As such, the court was not obligated to inquire further (see People v Porto, 16 NY3d 93, 100 [2010]; People v Woods, 110 AD3d 748 [2013]; People v Stevenson, 36 AD3d 634, 635 [2007]). … People v Dunne, 106 AD3d 928 [2013]).
Cited 4 timesPublished217 A.D. 402 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1926
Frederick Brown, of 565 Fifth Avenue has accepted your offer for the lease for the Knodler property No. 556 Fifth Avenue upon the following terms: “ ‘ $425,000 cash, contract to run until September 1st, 1925. “ ‘ $25,000
Cited 14 timesPublished123 A.D.3d 1300 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2014
BROWN, Appellant. ________________________________ Calendar Date: Novmeber 19, 2014 Before: Lahtinen, J.P., Garry, Rose and Devine, JJ. __________ John R. … 667; People v Wasley, 119 AD3d at 1217).
Cited 3 timesPublished57 Barb. 118 · New York Supreme Court · Mar 7, 1870
(Vibbard v. Roderick, 51 Barb. 616 . Bedford v. Terhune, 30 N. Y. Rep. 453 .) … The true rule, I think, is that laid down by Gardner, J., in Howard v. Sexton, ( 4 N. Y. Rep. 157 .)
Cited 6 timesPublished46 A.D.2d 255 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 1974
the minimum permissible sentence as a second felony offender (Penal Law, § 70.06) and thus the sentence imposed cannot be considered unduly harsh or excessive so as to constitute an abuse of discretion (see, e.g., People v. … S. 311 ; Kendrick v. United States, 238 F. 2d 34 ; People v. Wilson, 13 N Y 2d 277). There is a rational basis to impose a heavier penalty on multiple felony offenders and all persons alike are treated equally.
Cited 18 timesPublished193 A.D. 777 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1920
In Kuhne v. Ahlers ( 45 Misc. Rep. 454 ) it was held that to call one a swindler was not slanderous per se. (Gaynor, J., Trial Term.) The same is held in Chase v. Whitlock ( 3 Hill, 139 ) and Eisile v. Walther (24 N. Y. … In Phincle v. Vaughan ( 12 Barb. 215 ) the words,. “ You- *779 have sworn false under oath, you have lied under oath,” were held not slanderous per se. In Savage v.
Cited 17 timesPublished95 A.D.2d 569 · Appellate Division of the Supreme Court of the State of New York · Oct 27, 1983
room and apparently had a common right of access, thus allowing Holburt to consent to the entry of the room (see People v Cosme, 48 NY2d 286, 290 ; see, also, People v Ponder, 54 NY2d 160 ). … Bartolomeo, supra; People v Elwell, 50 NY2d 231, 241-242 ; People v Hanlon, 36 NY2d 549, 557 ).
Cited 20 timesPublished1 A.D. 578 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1896
Brown was a trained nurse by profession, earning from twenty to twenty-five dollars a week. By the injury her leg was broken and she was rendered *580 unable to work. This occurred on March twenty-ninth. … (Bailey v. Park, 5 Hun, 41 ; O’Shea v. McLear, 16 N. Y. St. Repr. 482.)
Cited 16 timesPublished149 A.D.3d 470 · Appellate Division of the Supreme Court of the State of New York · Apr 11, 2017
Santana v Tic-Tak Limo Corp., 106 AD3d 572, 573-574 [1st Dept 2013]). In opposition, defendants failed to provide a nonnegligent explanation for the accident. … Van Lines USA Inc., 144 AD3d 483 [1st Dept 2016]; Gyabaah v Rivlab Transp.
Cited 1 timesPublished84 A.D.3d 1263 · Appellate Division of the Supreme Court of the State of New York · May 24, 2011
James, 72 AD3d 844, 845 [2010]; People v Wilson, 71 AD3d 799, 800 [2010]). … , 39 NY2d 105, 109-110 [1976]; People v Ariza, 77 AD3d 844, 846 [2010]; People v Torres, 72 AD3d 709 [2010]).
Cited 6 timesPublished130 N.Y. 372 · New York Court of Appeals · Jan 20, 1892
Y. 518 ; Colt v. Ownes, 90 id. 368.) And in Wright v. Bank of the Metropolis ( 110 N. … (Scattergood v. Wood, 14 Hun, 269 ; 79 N. Y. 263 ; Parsons v. Sutton, 66 id. 92.)
Cited 24 timesPublished145 A.D.3d 1483 · Appellate Division of the Supreme Court of the State of New York · Dec 23, 2016
Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see People v Bleakley … We perceive no basis to disturb the jury’s credibility determinations (see People v Brown, 140 AD3d 1740, 1740 [2016]). The sentence is not unduly harsh or severe.
Cited 5 timesPublished
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