combination factors in New York

2023The officers had a founded suspicion of criminality, warranting their inquiry into whether the backpack defendant was carrying belonged to him, based on a combination of factors, including an increase of thefts of unattended bags from the nearby sports fields, defendant's known history of stealing bags from the fields, and their observation of defendant running away from a field with a backpack on his shoulder ( see People v Hollman , 79 NY2d 181, 184-185 [1992]; People v De Bour , 40 NY2d 210, 215-216 [1976]).

2023The officers had a founded suspicion of criminality, warranting their inquiry into whether the backpack defendant was carrying belonged to him, based on a combination of factors, including an increase of thefts of unattended bags from the nearby sports fields, defendant's known history of stealing bags from the fields, and their observation of defendant running away from a field with a backpack on his shoulder ( see People v Hollman , 79 NY2d 181, 184-185 [1992]; People v De Bour , 40 NY2d 210, 215-216 [1976]).

1989This combination of factors in the empaneling of the petit jury * * * raises the necessary inference of purposeful discrimination.” (Batson v Kentucky, supra, at 96.) In deciding whether the defendant has made the requisite showing the trial court must consider "all relevant circumstances”, including such factors as whether a prosecutor’s "pattern” of strikes against black jurors might give rise to an inference of discrimination and whether the District Attorney’s voir dire statements and questions may support or refute such an inference.

1989This combination of factors in the empaneling of the petit jury * * * raises the necessary inference of purposeful discrimination” (Batson v Kentucky, 476 US 79, 96 , supra, quoting Avery v Georgia, 345 US 559, 562 ).

2023The officers had a founded suspicion of criminality, warranting their inquiry into whether the backpack defendant was carrying belonged to him, based on a combination of factors, including an increase of thefts of unattended bags from the nearby sports fields, defendant's known history of stealing bags from the fields, and their observation of defendant running away from a field with a backpack on his shoulder ( see People v Hollman , 79 NY2d 181, 184-185 [1992]; People v De Bour , 40 NY2d 210, 215-216 [1976]).

2023The officers had a founded suspicion of criminality, warranting their inquiry into whether the backpack defendant was carrying belonged to him, based on a combination of factors, including an increase of thefts of unattended bags from the nearby sports fields, defendant's known history of stealing bags from the fields, and their observation of defendant running away from a field with a backpack on his shoulder ( see People v Hollman , 79 NY2d 181, 184-185 [1992]; People v De Bour , 40 NY2d 210, 215-216 [1976]).

2023The officers' following of defendant in their vehicle prior to the stop did not constitute a pursuit, requiring reasonable suspicion that a crime had been or was being committed ( see People v Thornton , 238 AD2d 33, 36 [1st Dept 1998]).

2023The officers' following of defendant in their vehicle prior to the stop did not constitute a pursuit, requiring reasonable suspicion that a crime had been or was being committed ( see People v Thornton , 238 AD2d 33, 36 [1st Dept 1998]).

2012Based on this combination of factors, the officer had, at least, an objective credible reason to approach appellant and ask for information (see De Bour, 40 NY2d at 223 ; People v Flynn, 15 AD3d 177, 178 [2005], lv denied 4 NY3d 853 [2005]; People v Steinbergin, 4 AD3d 192, 192 [2004], lv denied 3 NY3d 648 [2004], cert denied 543 US 1159 [2005]).

2012Based on this combination of factors, the officer had, at least, an objective credible reason to approach appellant and ask for information (see De Bour, 40 NY2d at 223 ; People v Flynn, 15 AD3d 177, 178 [2005], lv denied 4 NY3d 853 [2005]; People v Steinbergin, 4 AD3d 192, 192 [2004], lv denied 3 NY3d 648 [2004], cert denied 543 US 1159 [2005]).

2012Based on this combination of factors, the officer had, at least, an objective credible reason to approach appellant and ask for information (see De Bour, 40 NY2d at 223 ; People v Flynn, 15 AD3d 177, 178 [2005], lv denied 4 NY3d 853 [2005]; People v Steinbergin, 4 AD3d 192, 192 [2004], lv denied 3 NY3d 648 [2004], cert denied 543 US 1159 [2005]).

2012Based on this combination of factors, the officer had, at least, an objective credible reason to approach appellant and ask for information (see De Bour, 40 NY2d at 223 ; People v Flynn, 15 AD3d 177, 178 [2005], lv denied 4 NY3d 853 [2005]; People v Steinbergin, 4 AD3d 192, 192 [2004], lv denied 3 NY3d 648 [2004], cert denied 543 US 1159 [2005]).

2010This combination of factors provided reasonable suspicion justifying a stop and frisk (see People v Benjamin, 51 NY2d 267, 271 [1980]; People v De Bour, 40 NY2d 210, 221 [1976]).

1999This combination of factors reasonably alerted the officer to the possibility of danger to herself and her fellow officer thereby authorizing removal of defendant from the cab and a limited frisk for weapons (see, People v Benjamin, 51 NY2d 267 ).

2024Specifically, in determining whether a general contractor owes a duty to assure the safety of an employee of a subcontractor, New Jersey courts "identify, weigh and balance a combination of factors," including, most importantly, the foreseeability of the risk of injury ( Tarabokia v Structure Tone , 429 NJ Super 103, 113, 57 A3d 25, 32; see Alloway v Bradlees, Inc. , 157 NJ at 230, 723 A2d at 964 ).

2024Additionally, New Jersey courts consider "the relationship of the parties, the nature of the attendant risk, the opportunity and ability to exercise care, and the public interest in the proposed solution" ( Alloway v Bradlees, Inc. , 157 NJ [*2]at 230, 723 A2d at 964 [internal quotation marks omitted]).

2022A combination of factors provided reasonable suspicion that justified a brief detention of defendant for purposes of identification ( see People v Allen , 73 NY2d 378, 379-380 [1989]), even if each factor was equivocal when viewed in isolation.

2021The Court in Olson emphasized that overnight guests have legitimate privacy expectations in their hosts’ homes because of the centrality of spending the night in another’s home to work, travel and family and the value society places on that time, as well as the particular vulnerability of sleep, noting that this combination of factors must elevate our privacy expectation in the homes we visit to at least the level of privacy we expect in a public phone booth (Olson, 495 US 91, 98-99 [1990]).

2020Deferring to Family Court's credibility determinations, there is ample evidence to support the conclusion that the mother did not willfully violate the prior custody order and, thus, we cannot say that Family Court abused its discretion in so finding ( see Matter of James XX. v Tracey YY. , 146 AD3d 1036, 1038 [2017]; Matter of Constantine v Hopkins , 101 AD3d 1190, 1191-1192 [2012]; Matter of Omahen v Omahen , 64 AD3d 975, 976-977 [2009]).

2020Deferring to Family Court's credibility determinations, there is ample evidence to support the conclusion that the mother did not willfully violate the prior custody order and, thus, we cannot say that Family Court abused its discretion in so finding ( see Matter of James XX. v Tracey YY. , 146 AD3d 1036, 1038 [2017]; Matter of Constantine v Hopkins , 101 AD3d 1190, 1191-1192 [2012]; Matter of Omahen v Omahen , 64 AD3d 975, 976-977 [2009]).

2020Deferring to Family Court's credibility determinations, there is ample evidence to support the conclusion that the mother did not willfully violate the prior custody order and, thus, we cannot say that Family Court abused its discretion in so finding ( see Matter of James XX. v Tracey YY. , 146 AD3d 1036, 1038 [2017]; Matter of Constantine v Hopkins , 101 AD3d 1190, 1191-1192 [2012]; Matter of Omahen v Omahen , 64 AD3d 975, 976-977 [2009]).

2018People v Cook , 161 AD3d 708 [1st Dept 2018]; People v Williams , 146 AD3d 410, 411 [1st Dept 2017], lv denied 29 NY3d 954 [2017]; People v Brujan , 104 AD3d 481 [1st Dept 2013], lv denied 21 NY3d 1014 [2013]).

2017In other one-witness identification cases, this Court has held that the complainant's inconsistencies supported a finding that the verdict was against the weight of the evidence when combined with the record's other sources of doubt ( see Diaz , 115 AD3d at 499-500 ["Although they are not as significant, the complainant demonstrated other lapses in memory which, when considered in light of those two more substantial inconsistencies, lead us . . . to harbor significant doubts as to [*7]the complainant's ability to accurately identify his attacker"]; see also Russell , 99 AD3d at 211 ["While no

2017In other one-witness identification cases, this Court has held that the complainant’s inconsistencies supported a finding that the verdict was against the weight of the evidence when combined with the record’s other sources of doubt (see Diaz, 115 AD3d at 499-500 [“Although they are not as significant, the complainant demonstrated other lapses in memory which, when considered in light of those two more substantial inconsistencies, lead us . . .to harbor significant doubts as to the complainant’s ability to accurately identify his attacker”]; see also Russell, 99 AD3d at 211 [“While no one fact

2017In other one-witness identification cases, this Court has held that the complainant's inconsistencies supported a finding that the verdict was against the weight of the evidence when combined with the record's other sources of doubt ( see Diaz , 115 AD3d at 499-500 ["Although they are not as significant, the complainant demonstrated other lapses in memory which, when considered in light of those two more substantial inconsistencies, lead us . . . to harbor significant doubts as to [*7]the complainant's ability to accurately identify his attacker"]; see also Russell , 99 AD3d at 211 ["While no

2017In other one-witness identification cases, this Court has held that the complainant’s inconsistencies supported a finding that the verdict was against the weight of the evidence when combined with the record’s other sources of doubt (see Diaz, 115 AD3d at 499-500 [“Although they are not as significant, the complainant demonstrated other lapses in memory which, when considered in light of those two more substantial inconsistencies, lead us . . .to harbor significant doubts as to the complainant’s ability to accurately identify his attacker”]; see also Russell, 99 AD3d at 211 [“While no one fact

2009Since the officer had probable cause to believe that a drug transaction had occurred, he was entitled, under the automobile exception, to conduct a warrantless search of defendant’s vehicle including the closed center console (People v Yancy, 86 NY2d 239, 245 [1995]).