issue raised rule in New York

2020Further, the prosecutor's comments during summation "were either a fair response to defense counsel's summation or fair comment on the evidence" ( People v Anderson , 52 AD3d 1320, 1321 [4th Dept 2008], lv denied 11 NY3d 733 [2008]).

2003As defendant was adequately advised concerning the maximum sentence that could be imposed, we decline to review his claim that his sentence was harsh and excessive (see People v Hidalgo, 91 NY2d 733 [1998]; People v Fewell [Sawyer], 284 AD2d 563 [2001], lvs denied 97 NY2d 681 , 687 [2001]).

2003As defendant was adequately advised concerning the maximum sentence that could be imposed, we decline to review his claim that his sentence was harsh and excessive (see People v Hidalgo, 91 NY2d 733 [1998]; People v Fewell [Sawyer], 284 AD2d 563 [2001], lvs denied 97 NY2d 681 , 687 [2001]).

1991In any event, and particularly in light of the fact that the People have given no indication that any of the three detectives involved were unavailable or that to produce any one of them would somehow jeopardize an investigation, the issue raised at the hearing regarding the propriety of the police conduct was sufficiently substantial to require the appearance of one of those detectives (see, People v Petralia, 62 NY2d 47, 52 , cert denied 469 US 852 ).

1991In any event, and particularly in light of the fact that the People have given no indication that any of the three detectives involved were unavailable or that to produce any one of them would somehow jeopardize an investigation, the issue raised at the hearing regarding the propriety of the police conduct was sufficiently substantial to require the appearance of one of those detectives (see, People v Petralia, 62 NY2d 47, 52 , cert denied 469 US 852 ).

1962If the defendant had been able to establish such to be the fact upon the trial, he would have been entitled to have the market value of the premises in question credited upon the indebtedness (New Jersey Stat. Ann., § 2A:50-22; Yager v. Rubymar Corp., 34 Misc 2d 704, 711 ).

1958(Woolley v. Stewart, 222 N. Y. 347, 352-353 ; Rosenzweig v. Salkind, 5 A D 2d 58, 60-61; Linden Trans-Mix Corp. v. Griffin, 5 Misc 2d 188 .) It may be that after trial of the issue raised by this defense the court will find that defendant’s acts were not so referable; but this court cannot at this time strike the pleading as sham and frivolous.

1958(Woolley v. Stewart, 222 N. Y. 347, 352-353 ; Rosenzweig v. Salkind, 5 A D 2d 58, 60-61; Linden Trans-Mix Corp. v. Griffin, 5 Misc 2d 188 .) It may be that after trial of the issue raised by this defense the court will find that defendant’s acts were not so referable; but this court cannot at this time strike the pleading as sham and frivolous.

1955(Adams v. Massey, 184 N. Y. 62, 70 ; Overheiser v. Lackey, 207 N. Y. 229, 233 ; Matter of MacDowell, 217 N. Y. 454 ; Matter of Durbrow, 245 N. Y. 469 ; Matter of Watson, 262 N. Y. 284 ; Matter of Catlin, 97 Misc. 223, 227 .) Words may not be capriciously rejected as meaningless but interpreted according to the perspective and context in which they are found (Matter of Pepper, 307 N. Y. 242, 251 ), and especially cogent on the issue raised is the rule that where a general benevolent purpose is manifested by a testator, the terms of the will shall be liberally construed to the end that his purpo

1955(Adams v. Massey, 184 N. Y. 62, 70 ; Overheiser v. Lackey, 207 N. Y. 229, 233 ; Matter of MacDowell, 217 N. Y. 454 ; Matter of Durbrow, 245 N. Y. 469 ; Matter of Watson, 262 N. Y. 284 ; Matter of Catlin, 97 Misc. 223, 227 .) Words may not be capriciously rejected as meaningless but interpreted according to the perspective and context in which they are found (Matter of Pepper, 307 N. Y. 242, 251 ), and especially cogent on the issue raised is the rule that where a general benevolent purpose is manifested by a testator, the terms of the will shall be liberally construed to the end that his purpo

1955(Matter of Neher, 279 N. Y. 370, 373-374 ; Matter of Potter, 307 N. Y. 504, 517 ; Matter of Pattberg, 282 App. Div. 770 , affd. 306 N. Y. 835 ; Matter of Robinson, 203 N. Y. 380, 388 .) Although it may approach the realm of speculation to infer that the testator envisioned the possible future separation of the Medical College from Syracuse University, nevertheless, the right to withhold income, indubitably reserved to the trustees of Syracuse University, signifies the delegation of a degree of control by which the testamentary purpose could be effectuated upon the happening of such a contingen

1955(Adams v. Massey, 184 N. Y. 62, 70 ; Overheiser v. Lackey, 207 N. Y. 229, 233 ; Matter of MacDowell, 217 N. Y. 454 ; Matter of Durbrow, 245 N. Y. 469 ; Matter of Watson, 262 N. Y. 284 ; Matter of Catlin, 97 Misc. 223, 227 .) Words may not be capriciously rejected as meaningless but interpreted according to the perspective and context in which they are found (Matter of Pepper, 307 N. Y. 242, 251 ), and especially cogent on the issue raised is the rule that where a general benevolent purpose is manifested by a testator, the terms of the will shall be liberally construed to the end that his purpo

1955(Adams v. Massey, 184 N. Y. 62, 70 ; Overheiser v. Lackey, 207 N. Y. 229, 233 ; Matter of MacDowell, 217 N. Y. 454 ; Matter of Durbrow, 245 N. Y. 469 ; Matter of Watson, 262 N. Y. 284 ; Matter of Catlin, 97 Misc. 223, 227 .) Words may not be capriciously rejected as meaningless but interpreted according to the perspective and context in which they are found (Matter of Pepper, 307 N. Y. 242, 251 ), and especially cogent on the issue raised is the rule that where a general benevolent purpose is manifested by a testator, the terms of the will shall be liberally construed to the end that his purpo

1955(Adams v. Massey, 184 N. Y. 62, 70 ; Overheiser v. Lackey, 207 N. Y. 229, 233 ; Matter of MacDowell, 217 N. Y. 454 ; Matter of Durbrow, 245 N. Y. 469 ; Matter of Watson, 262 N. Y. 284 ; Matter of Catlin, 97 Misc. 223, 227 .) Words may not be capriciously rejected as meaningless but interpreted according to the perspective and context in which they are found (Matter of Pepper, 307 N. Y. 242, 251 ), and especially cogent on the issue raised is the rule that where a general benevolent purpose is manifested by a testator, the terms of the will shall be liberally construed to the end that his purpo

1955(Matter of Neher, 279 N. Y. 370, 373-374 ; Matter of Potter, 307 N. Y. 504, 517 ; Matter of Pattberg, 282 App. Div. 770 , affd. 306 N. Y. 835 ; Matter of Robinson, 203 N. Y. 380, 388 .) Although it may approach the realm of speculation to infer that the testator envisioned the possible future separation of the Medical College from Syracuse University, nevertheless, the right to withhold income, indubitably reserved to the trustees of Syracuse University, signifies the delegation of a degree of control by which the testamentary purpose could be effectuated upon the happening of such a contingen

1955(Adams v. Massey, 184 N. Y. 62, 70 ; Overheiser v. Lackey, 207 N. Y. 229, 233 ; Matter of MacDowell, 217 N. Y. 454 ; Matter of Durbrow, 245 N. Y. 469 ; Matter of Watson, 262 N. Y. 284 ; Matter of Catlin, 97 Misc. 223, 227 .) Words may not be capriciously rejected as meaningless but interpreted according to the perspective and context in which they are found (Matter of Pepper, 307 N. Y. 242, 251 ), and especially cogent on the issue raised is the rule that where a general benevolent purpose is manifested by a testator, the terms of the will shall be liberally construed to the end that his purpo

1955(Matter of Neher, 279 N. Y. 370, 373-374 ; Matter of Potter, 307 N. Y. 504, 517 ; Matter of Pattberg, 282 App. Div. 770 , affd. 306 N. Y. 835 ; Matter of Robinson, 203 N. Y. 380, 388 .) Although it may approach the realm of speculation to infer that the testator envisioned the possible future separation of the Medical College from Syracuse University, nevertheless, the right to withhold income, indubitably reserved to the trustees of Syracuse University, signifies the delegation of a degree of control by which the testamentary purpose could be effectuated upon the happening of such a contingen

1955(Matter of Neher, 279 N. Y. 370, 373-374 ; Matter of Potter, 307 N. Y. 504, 517 ; Matter of Pattberg, 282 App. Div. 770 , affd. 306 N. Y. 835 ; Matter of Robinson, 203 N. Y. 380, 388 .) Although it may approach the realm of speculation to infer that the testator envisioned the possible future separation of the Medical College from Syracuse University, nevertheless, the right to withhold income, indubitably reserved to the trustees of Syracuse University, signifies the delegation of a degree of control by which the testamentary purpose could be effectuated upon the happening of such a contingen

1955(Matter of Neher, 279 N. Y. 370, 373-374 ; Matter of Potter, 307 N. Y. 504, 517 ; Matter of Pattberg, 282 App. Div. 770 , affd. 306 N. Y. 835 ; Matter of Robinson, 203 N. Y. 380, 388 .) Although it may approach the realm of speculation to infer that the testator envisioned the possible future separation of the Medical College from Syracuse University, nevertheless, the right to withhold income, indubitably reserved to the trustees of Syracuse University, signifies the delegation of a degree of control by which the testamentary purpose could be effectuated upon the happening of such a contingen

1955(Adams v. Massey, 184 N. Y. 62, 70 ; Overheiser v. Lackey, 207 N. Y. 229, 233 ; Matter of MacDowell, 217 N. Y. 454 ; Matter of Durbrow, 245 N. Y. 469 ; Matter of Watson, 262 N. Y. 284 ; Matter of Catlin, 97 Misc. 223, 227 .) Words may not be capriciously rejected as meaningless but interpreted according to the perspective and context in which they are found (Matter of Pepper, 307 N. Y. 242, 251 ), and especially cogent on the issue raised is the rule that where a general benevolent purpose is manifested by a testator, the terms of the will shall be liberally construed to the end that his purpo

1913The method of raising and trying the issues of law and fact which arise by the interposition of a challenge to the panel is stated in Cox v. People, 80 N. Y. 500 ; Gardner v. Turner, 9 Johns. 260 ; Gardiner v. People, 6 Park.

1913The method of raising and trying the issues of law and fact which arise by the interposition of a challenge to the panel is stated in Cox v. People, 80 N. Y. 500 ; Gardner v. Turner, 9 Johns. 260 ; Gardiner v. People, 6 Park.

1913The method of raising and trying the issues of law and fact which arise by the interposition of a challenge to the panel is stated in Cox v. People, 80 N. Y. 500 ; Gardner v. Turner, 9 Johns. 260 ; Gardiner v. People, 6 Park.