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83 A.D.2d 699 · Appellate Division of the Supreme Court of the State of New York · Jul 16, 1981
, 52 NY2d 1023 ; People v Thill, 52 NY2d 1020 ; People v Friscia, 51 NY2d 845 ; People u Dean, 45 NY2d 651 ). … People v Kazmarick, 52 NY2d 322 ) or should have discovered (cf. People v Bartolomeo, 53 NY2d 225 ). Accordingly, the judgment should be affirmed. Judgment affirmed. Mahoney, P.
Cited 16 timesPublished174 A.D.2d 448 · Appellate Division of the Supreme Court of the State of New York · Jun 18, 1991
(See, People v Trues-dell, 70 NY2d 809 ; People v Brathwaite, 63 NY2d 839 .) Concur —Murphy, P. J., Carro, Kupferman, Asch and Rubin, JJ.
Cited 5 timesPublished5 Lans. 511 · New York Supreme Court · Mar 15, 1872
(Hilliard on Injunctions, 2d ed., 81; Edwards v. … (Childs v. Lyons, 3 Robertson’s Reps., 704.)
Cited 6 timesPublished2 Keyes 486 · New York Court of Appeals · Mar 15, 1866
Hunt v. O’Connor and others, not reported; -Rose v. … It was to meet this precise contingency that section 112 was enacted; and, accordingly, in Beckwith v.
Cited 6 timesPublished102 A.D.3d 704 · Appellate Division of the Supreme Court of the State of New York · Jan 9, 2013
695, 697 [1984]; People v Tucker, 55 NY2d at 6 ; People v Dominique, 36 AD3d at 625 ). … Muhammad, 17 NY3d 532, 539-540 [2011]; People v Tucker, 55 NY2d at 6 ; People v Francois, 85 AD3d 813, 814 [2011]; People v James, 249 AD2d 919 [1998]).
Cited 9 timesPublished251 A.D.2d 694 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1998
Sirno, 151 AD2d 621 , affd 76 NY2d 967 ; People v Mendez, 133 AD2d 351 , lv denied 70 NY2d 958 ; compare, People v Thompson, 72 NY2d 410, 416 ; People v Miller, 226 AD2d 833, 836 , lv denied 88 NY2d 939 ; People v Bailey, … Cooper, 247 AD2d 402, 403 ; People v Murphy, 166 AD2d 805, 806 ).
Cited 21 timesPublished58 A.D.3d 540 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2009
Accordingly, this issue is unpreserved (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits.
Cited 4 timesPublished2019 NY Slip Op 4631 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 2019
People v Brown ( 2019 NY Slip Op 04631 ) People v Brown 2019 NY Slip Op 04631 Decided on June 7, 2019 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. … MOTION NO. (1193/18) KA 15-02111. [*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v SPARTACUS BROWN, DEFENDANT-APPELLANT. MEMORANDUM AND ORDER Motion for writ of error coram nobis denied.
Cited 0 timesPublished126 A.D.2d 898 · Appellate Division of the Supreme Court of the State of New York · Jan 29, 1987
Defendant and Henderson got into a fight with the victim while at defendant’s apartment and defendant hit the victim on the shoulders with a board. … Henderson then hit the victim over the head several times with the same board and pounded his head on the floor until he was unconscious.
Cited 24 timesPublished215 A.D.2d 334 · Appellate Division of the Supreme Court of the State of New York · May 30, 1995
Judicial review of a determination to discharge a probationary employee is therefore limited to an inquiry as to whether the termination was made in bad faith (Matter of Johnson v Katz, 68 NY2d 649, 650 ). … Abate, 210 AD2d 56 , Iv denied 85 NY2d 803 ; Thomas v City of New York, 169 AD2d 496, 498 ).
Cited 14 timesPublished247 N.Y. 479 · New York Court of Appeals · Mar 27, 1928
(Smith v. Craig, 211 N. Y. 456, 460 .) … (Toplitz v. Bauer, supra; Small v. Housman, 208 N. Y. 115 .)
Cited 21 timesPublished53 N.Y.2d 979 · New York Court of Appeals · Jun 2, 1981
While it is true, as both the majority and dissent below agreed, that driving while impaired is a lesser included offense of driving while intoxicated (see People v Hoag, 51 NY2d 632 ), this defendant was not prejudiced by … A lesser included offense is one which must by definition be concomitantly committed in the commission of the greater offense (CPL 1.20, subd 37; see People v Cruz, 48 NY2d 419 ).
Cited 18 timesPublished125 A.D.3d 1550 · Appellate Division of the Supreme Court of the State of New York · Feb 13, 2015
Contrary to defendant’s contention, the fact that he was photographed from a closer range did not impermissibly draw attention to his photograph in the array (see People v Brown, 169 AD2d 934, 935 [1991], lv denied 77 NY2d … 958 [1991]; see also People v Smiley, 49 AD3d 1299, 1300 [2008], lv denied 10 NY3d 870 [2008]).
Cited 6 timesPublished57 N.Y. 286 · New York Court of Appeals · May 5, 1874
In Salisbury v. … Justice BRONSON, delivering the opinion of the court, said the case could not be distinguished from Stillwell v.
Cited 9 timesPublished43 Misc. 72 · Appellate Terms of the Supreme Court of New York · Feb 15, 1904
Hurry v. Coffin, 11 Daly, 180 . … Mohlman Co. v. Landwehr, 83 N. Y. Supp. 1073 ), as the defendant appeared in court although he defaulted in answering.
Cited 16 timesPublished110 A.D.3d 730 · Appellate Division of the Supreme Court of the State of New York · Oct 2, 2013
supervision did not subject him to double jeopardy or violate his right to due process of law, since, at the time he was resentenced, he had not yet completed the sentence of imprisonment originally imposed upon him (see People v … Lingle, 16 NY3d 621, 630 [2011]; People v Quinones, 103 AD3d 756 [2013]; People v Lovett, 102 AD3d 812 [2013]; People v Harris, 86 AD3d 543 [2011]).
Cited 4 timesPublished72 A.D.3d 979 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 2010
Bank v McCarty, 149 NY 71, 80 [1896]) that the purported signature of the decedent on the deed was a forgery (see Bryant v Bryant, 58 AD3d 496, 496 [2009]). … In any event, the witness was not a person “interested in the event” within the meaning of the statute (see Smith v Kuhn, 221 AD2d 620, 621 [1995]; Matter of Murray v Smith, 155 AD2d 963, 963 [1989]).
Cited 7 timesPublished82 N.Y.2d 869 · New York Court of Appeals · Dec 16, 1993
Butts, 72 NY2d 746, 748-750 ; People v Watts, 57 NY2d 299, 301 ). … Butts, supra, at 750-751; People v Alwadish, 67 NY2d 973, 974 ).
Cited 43 timesPublished2018 NY Slip Op 7640 · Appellate Division of the Supreme Court of the State of New York · Nov 9, 2018
People v Brown ( 2018 NY Slip Op 07640 ) People v Brown 2018 NY Slip Op 07640 Decided on November 9, 2018 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § … MOTION NO. (1117/03) KA 00-02226. [*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v EDWARD BROWN, DEFENDANT-APPELLANT. MEMORANDUM AND ORDER Motion for renewal of writ of error coram nobis and other relief denied.
Cited 0 timesPublished290 A.D.2d 906 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2002
Selsky, 266 AD2d 656 ; Matter of Jandura v Selsky, 251 AD2d 721 ). … , 270 AD2d 519 ; Matter of Rodriguez v Coughlin, 216 AD2d 617 ).
Cited 5 timesPublished
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