38 Cited authorities

  1. Gerstein v. Pugh

    420 U.S. 103 (1975)   Cited 4,024 times   13 Legal Analyses
    Holding that the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to any extended restraint on liberty following an arrest
  2. Johnson v. United States

    333 U.S. 10 (1948)   Cited 2,896 times   18 Legal Analyses
    Holding as invalid a search of defendant's home which “was demanded under color of office” even though the government officials did not possess a search warrant
  3. People v. Casey

    95 N.Y.2d 354 (N.Y. 2000)   Cited 1,259 times
    In Case, we stated the rule broadly: "A valid and sufficient accusatory instrument is a nonwaivable jurisdictional prerequisite to a criminal prosecution" (id. at 99; citation omitted).
  4. People v. Kalin

    2009 N.Y. Slip Op. 2446 (N.Y. 2009)   Cited 617 times
    In Kalin, the Court of Appeals concluded that, because the officer's account of his experience, the packaging of the drugs, and the drug paraphernalia recovered from the car "supplied the basis" for his belief that the substances in question were illegal drugs, the information was facially sufficient notwithstanding the absence of a lab report or a description of the appearance of the drugs themselves (id. at 231-232, 878 N.Y.S.2d 653, 906 N.E.2d 381).
  5. People v. Alejandro

    70 N.Y.2d 133 (N.Y. 1987)   Cited 1,154 times
    In Alejandro, we explained the reason that the Legislature requires "the additional showing of a prima facie case for an information lies in the unique function that an information serves under the statutory scheme" (70 NY2d at 137).
  6. People v. Dumas

    68 N.Y.2d 729 (N.Y. 1986)   Cited 779 times   1 Legal Analyses
    Noting lack of allegation that police officer was an expert in identifying marijuana or that defendant represented it as such, to support charge that defendant sold marijuana
  7. People v. Dreyden

    2010 N.Y. Slip Op. 5243 (N.Y. 2010)   Cited 348 times   1 Legal Analyses
    Stating that the gravity knife law "distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force"
  8. Cole v. Arkansas

    333 U.S. 196 (1948)   Cited 646 times   5 Legal Analyses
    Holding constitutional a statute making certain types of action unlawful if done "at or near" any place where a labor dispute exists, though the issue of the possible vagueness of the word "near" in the context of that case was not expressly faced
  9. Shadwick v. City of Tampa

    407 U.S. 345 (1972)   Cited 277 times   3 Legal Analyses
    Holding that municipal court clerks qualified as neutral and detached magistrates for purposes of the Fourth Amendment and could constitutionally issue arrest warrants
  10. People v. Iannone

    45 N.Y.2d 589 (N.Y. 1978)   Cited 684 times   1 Legal Analyses
    Holding that "the defendants in these two appeals have failed to preserve a question of law which this court may review and have waived their objections to the sufficiency of the factual allegations in the indictments by which they were brought before the courts"