People v. Brown

Decision Date11 February 1993
Citation611 N.E.2d 271,595 N.Y.S.2d 370,81 N.Y.2d 798
Parties, 611 N.E.2d 271 The PEOPLE of the State of New York, Respondent, v. Larry BROWN, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 176 A.D.2d 155, 574 N.Y.S.2d 40, should be affirmed. Defendant's claim--that the Grand Jury proceeding was defective due to the prosecutor's reliance on legal instructions given earlier in the day to the same Grand Jury but with respect to different cases--is not preserved for our review. Defendant's omnibus motion to inspect the Grand Jury minutes did not specify the grounds now claimed and his sole argument to the trial court after inspection was that the prosecutor improperly usurped control of the grand jurors' decision on what charges to vote.

SIMONS, Acting C.J., and KAYE, TITONE, HANCOCK, BELLACOSA and SMITH, JJ., concur.

Order affirmed in a memorandum.

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24 cases
  • People v. Biggs
    • United States
    • New York Supreme Court — Appellate Division
    • September 28, 2022
    ...907, 493 N.Y.S.2d 623 ; see also People v. Carter, 86 N.Y.2d 721, 723, 631 N.Y.S.2d 116, 655 N.E.2d 157 ; People v. Brown, 81 N.Y.2d 798, 799, 595 N.Y.S.2d 370, 611 N.E.2d 271 ). Defense counsel's closing arguments at the suppression hearing did not raise or contest the impoundment, as the ......
  • People v. May
    • United States
    • New York Supreme Court — Appellate Division
    • April 20, 2016
    ...prosecution to present certain exculpatory evidence is unpreserved for appellate review (see CPL 470.05[2] ; People v. Brown, 81 N.Y.2d 798, 799, 595 N.Y.S.2d 370, 611 N.E.2d 271 ; People v. Genyard, 84 A.D.3d 1398, 1399, 923 N.Y.S.2d 883 ). In any event, the contention is without merit. Th......
  • People v. Davis
    • United States
    • New York Supreme Court — Appellate Division
    • September 30, 2011
    ...with respect to the two incidents, defendant did not thereafter challenge the prosecutor's instructions ( see People v. Brown, 81 N.Y.2d 798, 595 N.Y.S.2d 370, 611 N.E.2d 271). In any event, any deficiency in the grand jury instructions did not impair the integrity of the grand jury proceed......
  • People v. Sicilianonunez
    • United States
    • New York Supreme Court — Appellate Division
    • May 8, 2019
    ...the grand jury on the defense of intoxication is unpreserved for appellate review (see CPL 470.05[2] ; People v. Brown, 81 N.Y.2d 798, 799, 595 N.Y.S.2d 370, 611 N.E.2d 271 ; People v. Forde, 140 A.D.3d 1085, 1087, 34 N.Y.S.3d 477 ). In any event, the defendant's contention is without merit......
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