evidence offered hearing in New York

1999Such an instruction was not necessary to explain the application of the law to the facts and thus would result in an improper marshaling of the evidence offered by the defense and risk suggesting to the jury a shift in the burden of proof (see, People v Knox, 87 AD2d 504 , lv denied 56 NY2d 653 ).

1999Such an instruction was not necessary to explain the application of the law to the facts and thus would result in an improper marshaling of the evidence offered by the defense and risk suggesting to the jury a shift in the burden of proof (see, People v Knox, 87 AD2d 504 , lv denied 56 NY2d 653 ).

1999By abandoning an issue, the resolution of which had been deferred by the court, defendant failed to preserve his current claims of error regarding the admission of evidence that allegedly suggested uncharged crimes (see, People v Cobos, 57 NY2d 798, 802 ; People v Pressley, 216 AD2d 202 , lv denied 86 NY2d 800 ; People v Arroyo, 209 AD2d 328 , lv denied 85 NY2d 859 ), and we decline to review them in the interest of justice.

1999By abandoning an issue, the resolution of which had been deferred by the court, defendant failed to preserve his current claims of error regarding the admission of evidence that allegedly suggested uncharged crimes (see, People v Cobos, 57 NY2d 798, 802 ; People v Pressley, 216 AD2d 202 , lv denied 86 NY2d 800 ; People v Arroyo, 209 AD2d 328 , lv denied 85 NY2d 859 ), and we decline to review them in the interest of justice.

1999By abandoning an issue, the resolution of which had been deferred by the court, defendant failed to preserve his current claims of error regarding the admission of evidence that allegedly suggested uncharged crimes (see, People v Cobos, 57 NY2d 798, 802 ; People v Pressley, 216 AD2d 202 , lv denied 86 NY2d 800 ; People v Arroyo, 209 AD2d 328 , lv denied 85 NY2d 859 ), and we decline to review them in the interest of justice.

1999By abandoning an issue, the resolution of which had been deferred by the court, defendant failed to preserve his current claims of error regarding the admission of evidence that allegedly suggested uncharged crimes (see, People v Cobos, 57 NY2d 798, 802 ; People v Pressley, 216 AD2d 202 , lv denied 86 NY2d 800 ; People v Arroyo, 209 AD2d 328 , lv denied 85 NY2d 859 ), and we decline to review them in the interest of justice.

1999By abandoning an issue, the resolution of which had been deferred by the court, defendant failed to preserve his current claims of error regarding the admission of evidence that allegedly suggested uncharged crimes (see, People v Cobos, 57 NY2d 798, 802 ; People v Pressley, 216 AD2d 202 , lv denied 86 NY2d 800 ; People v Arroyo, 209 AD2d 328 , lv denied 85 NY2d 859 ), and we decline to review them in the interest of justice.

1999By abandoning an issue, the resolution of which had been deferred by the court, defendant failed to preserve his current claims of error regarding the admission of evidence that allegedly suggested uncharged crimes (see, People v Cobos, 57 NY2d 798, 802 ; People v Pressley, 216 AD2d 202 , lv denied 86 NY2d 800 ; People v Arroyo, 209 AD2d 328 , lv denied 85 NY2d 859 ), and we decline to review them in the interest of justice.

1999Initially, we note that Family Court’s findings of abuse and neglect must be upheld if supported by a preponderance of the evidence (see, Matter of Tanya T., 252 AD2d 677, 678 , lv denied 92 NY2d 812 ; see also, Family Ct Act § 1046 [b] [i]).

1995Accordingly, the Supreme Court erred in weighing the evidence and substituting its judgment for that of the Chancellor (see, Matter of Strongin v Nyquist, 44 NY2d 943 , cert denied 440 US 901 ).

1995Upon our review of the record, we find that the evidence offered at the hearing supported the findings of the Chancellor of the City School District of the City of New York (hereinafter the Chancellor), and therefore the determination was not arbitrary and capricious (see, Matter of Chauvel v Nyquist, 43 NY2d 48 ).

1987The evidence before the Hearing Panel, accepted by a majority of its members, clearly supports its factual findings and determination by a preponderance thereof, as found by the Commissioner (see, Matter of Martin v Ambach, 67 NY2d 975 ).

1982Therefore, we must give effect to the law, as it presently exists (People v Loria, 10 NY2d 368 ) and apply the higher standard of proof to the evidence offered at the hearing (see Matter of Keith C., 36 AD2d 712 ; Matter of Arthur M., 34 AD2d 761 ).

1982Therefore, we must give effect to the law, as it presently exists (People v Loria, 10 NY2d 368 ) and apply the higher standard of proof to the evidence offered at the hearing (see Matter of Keith C., 36 AD2d 712 ; Matter of Arthur M., 34 AD2d 761 ).

1982Therefore, we must give effect to the law, as it presently exists (People v Loria, 10 NY2d 368 ) and apply the higher standard of proof to the evidence offered at the hearing (see Matter of Keith C., 36 AD2d 712 ; Matter of Arthur M., 34 AD2d 761 ).

1982Therefore, confining defendant’s application to his claimed violation of his constitutional right to counsel under CPL 440.10 (subd 1, par [h]), it may be concluded that the trial court correctly determined, on the evidence offered at the hearing, that defendant had failed to demonstrate inadequate representation of counsel at trial which deprived him of his constitutional right thereto under the State and Federal Constitutions (People v Aiken, 45 NY2d 394, 398 ).

1966Accepting the most favorable view of the evidence offered by the defense, it lends no support to the claim that the confession was not freely and voluntarily made by him (see People v. D’Iorio, 49 Misc 2d 30 ; People v. Jackson, 46 Misc 2d 742 ).

1966Accepting the most favorable view of the evidence offered by the defense, it lends no support to the claim that the confession was not freely and voluntarily made by him (see People v. D’Iorio, 49 Misc 2d 30 ; People v. Jackson, 46 Misc 2d 742 ).

1937It seems from the evidence offered at the hearing, about which there was no controversy, that there is a vast difference between the 1923 “ coal yard ” and the 1937 “ coal yard.” In Yuba City v. Cherniavsky ( 117 Cal. App. 568 ; 4 P. [2d] 299 ) the court said: “ If there is no limitation upon the character or location of a non-conforming business, so long as it is located on the same lot where it formerly existed, then one may abandon an inexpensive notions counter which was maintained prior to the adoption of a zoning ordinance, and construct in lieu thereof an elaborate mercantile establishm

1937It seems from the evidence offered at the hearing, about which there was no controversy, that there is a vast difference between the 1923 “ coal yard ” and the 1937 “ coal yard.” In Yuba City v. Cherniavsky ( 117 Cal. App. 568 ; 4 P. [2d] 299 ) the court said: “ If there is no limitation upon the character or location of a non-conforming business, so long as it is located on the same lot where it formerly existed, then one may abandon an inexpensive notions counter which was maintained prior to the adoption of a zoning ordinance, and construct in lieu thereof an elaborate mercantile establishm

1893In People v. Plath, 100 N. Y. 592 , 3 N. E. 790 ,. the court of appeals laid down the rule which must govern in the-construction of section 283 of the Penal Code.