§Why CasetextPricing

The People, Appellant,v.Ricky D. Gates, Respondent.

Brief

9 Cited authorities

  1. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,269 times   6 Legal Analyses
    In People v. LaPene, 352 N.E.2d 562 (N.Y. 1976), the New York Court of Appeals laid out a sliding scale of justifiable police intrusion, short of probable cause to arrest, which specified three distinct levels of intrusion correlating the allowable intensity of police conduct to the nature and weight of the facts precipitating the intrusion.

  2. People v. Hollman

    79 N.Y.2d 181 (N.Y. 1992)   Cited 780 times   4 Legal Analyses
    Holding that reasonable suspicion was required before narcotics officers could approach a passenger in a bus terminal and ask for permission to search the person's bag

  3. People v. Garcia

    2012 N.Y. Slip Op. 8670 (N.Y. 2012)   Cited 147 times   2 Legal Analyses
    In Garcia, where the Court of Appeals affirmed the Appellate Division's determination that the police lacked the requisite founded suspicion when, upon stopping a vehicle for a mere defective brake light, an officer asked if any of the occupants had a weapon (see People v Garcia, 20 NY3d at 324).

  4. People v. Elmer

    2012 N.Y. Slip Op. 5125 (N.Y. 2012)   Cited 111 times
    Recognizing that CPLR's requirement that an appeal could only be taken from a "written order" not relevant in a criminal appeal

  5. People v. Banks

    85 N.Y.2d 558 (N.Y. 1995)   Cited 140 times   4 Legal Analyses
    In Banks, the officer sought the defendant's consent based only on the defendant's nervous state and inconsistent answers to the officer's questions.

  6. People v. Gates

    152 A.D.3d 1222 (N.Y. App. Div. 2017)   Cited 15 times

    864 KA 16-02069. 07-07-2017 The PEOPLE of the State of New York, Respondent, v. Ricky D. GATES, Defendant–Appellant. D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Defendant–Appellant. Kristyna S. Mills, District Attorney, Watertown (George R. Shaffer, III, of Counsel), for Respondent. D.J. & J.A. Cirando, Esqs., Syracuse (John A. Cirando of Counsel), for Defendant–Appellant. Kristyna S. Mills, District Attorney, Watertown (George R. Shaffer, III, of Counsel), for Respondent

  7. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review

  8. Section 1000.13 - Motions

    N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.13   Cited 479 times

    (a) General procedures. (1) Return date. Unless otherwise provided by statute or by order of this court or justice of this court, a motion to this court shall be returnable at 10:00 a.m. on any Monday (or, if Monday is a legal holiday, the first business day of the week), regardless of whether the court is in session. A motion shall not be adjourned except upon the written consent or stipulation of the moving party or by order of this court. (i) A motion for permission to appeal shall be made returnable

  9. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation