People v. Brown

Decision Date13 September 1977
Citation42 N.Y.2d 1015,398 N.Y.S.2d 1034
Parties, 368 N.E.2d 289 People v. Brown
CourtNew York Court of Appeals Court of Appeals
386 N.Y.S.2d 848, 353 N.E.2d 811, 40 N.Y.2d 381

MOTION FOR REARGUMENT.

Denied.

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8 cases
  • People v. Boynton
    • United States
    • New York Supreme Court — Appellate Division
    • February 20, 1979
    ... ... In fact, had this precise case come before us as recently as one year ago, we would have been compelled to dismiss the appeal on constraint of People v. Brown (40 N.Y.2d, 381, 386 N.Y.S.2d 848, 353 N.E.2d 811, cert. den. 429 U.S. 975, 97 S.Ct. 482, 50 L.Ed.2d 583, mot. for rearg. den. 42 N.Y.2d 1015, 398 N.Y.S.2d 1034, 368 N.E.2d 289, cert. den. 433 U.S. 913, 97 S.Ct. 2986, 53 L.Ed.2d 1099) and People v. O'Neill (59 A.D.2d 540, 397 N.Y.S.2d 408) ... ...
  • People v. Key
    • United States
    • New York Court of Appeals Court of Appeals
    • June 15, 1978
    ... ... Sabella, 35 N.Y.2d 158, 164-169, 359 N.Y.S.2d 100, 105-110, 316 N.E.2d 569, 572-576, remittitur amd. 35 N.Y.2d 853, 363 N.Y.S.2d 89, 321 N.E.2d 880; but cf. People ex rel. Meyer v. Warden, 269 N.Y. 426, 429-430, 199 N.E. 647, 648-649). While the Sabella holding was abandoned in People v. Brown, 40 N.Y.2d 381, 383, 386 N.Y.S.2d 848, 849, 353 N.E.2d 811, 812, cert. den. 429 U.S. 975, 97 S.Ct. 482, 50 L.Ed.2d 583, mot. for rearg. den. 42 N.Y.2d 1015, 398 N.Y.S.2d 1034, 368 N.E.2d 289, on constraint of Supreme Court cases, Sabella does indicate that under the statutory and constitutional law ... ...
  • Santucci v. Kohn
    • United States
    • New York Supreme Court — Appellate Division
    • March 21, 1988
    ... ...         O'Connor & O'Connor, Forest Hills (Terrence O'Connor, of counsel), for respondent ...         Before BROWN, J.P., and WEINSTEIN, RUBIN, EIBER and KOOPER, JJ ...         MEMORANDUM BY THE COURT ...         Proceeding pursuant to CPLR ... The respondent Kohn was the Justice presiding at the criminal trial of the defendant Norman Singleton. At the end of the People's case and again after the defense rested, the defense counsel moved for a trial order of dismissal. The court reserved decision and sent the case ... ...
  • People v. Smallwood
    • United States
    • New York Supreme Court — Appellate Division
    • June 22, 1990
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