39 Cited authorities

Whren v. United States
517 U.S. 806 (1996) Cited 8,590 times 38 Legal Analyses
Holding that, upon observing traffic violation, officer may stop vehicle regardless of his subjective motivations, "as long as the circumstances, viewed objectively, justify that action"
People v. Lopez
2006 N.Y. Slip Op. 1195 (N.Y. 2006) Cited 3,886 times 1 Legal Analyses
Holding that an appeal waiver encompasses "any issue that does not involve a right of constitutional dimension going to "the very heart of the process," and ruling that a valid appeal waiver precludes review of claims that a sentence is harsh or excessive
Michigan v. Defillippo
443 U.S. 31 (1979) Cited 2,101 times 6 Legal Analyses
Holding that probable cause existed for an arrest even though the ordinance at issue was later found unconstitutional
People v. Mateo
2 N.Y.3d 383 (N.Y. 2004) Cited 3,444 times 2 Legal Analyses
Finding criminal liability attaches to "a person concerned in the commission of a crime whether he directly commits the act constituting the offense or aids and abets in its commission . . ."
Arizona v. Evans
514 U.S. 1 (1995) Cited 849 times 17 Legal Analyses
Holding that good faith exception was met where police reasonably relied on erroneous information concerning an arrest warrant in a database maintained by judicial employees
Brinegar v. United States
338 U.S. 160 (1949) Cited 5,583 times 9 Legal Analyses
Holding that "[p]robable cause to believe certain items will be found in a specific location is a `practical, nontechnical conception,' that need not be based on direct, first-hand, or `hard' evidence."
People v. Seaberg
74 N.Y.2d 1 (N.Y. 1989) Cited 1,838 times 1 Legal Analyses
Rejecting Bourne
People v. Kalin
2009 N.Y. Slip Op. 2446 (N.Y. 2009) Cited 687 times
In Kalin, 12 N.Y.3d 225, 878 N.Y.S.2d 653, 906 N.E.2d 381, the Court of Appeals examined an information which had charged the defendant with, among other things, criminal possession of a controlled substance in the seventh degree for the possession of nine plastic bags of heroin.
People v. Callahan
80 N.Y.2d 273 (N.Y. 1992) Cited 1,145 times
Holding that "a bargained-for waiver of the right to appeal is ineffective to the extent it impairs the defendant's ability to obtain appellate review" of unwaivable claims
People v. Prochilo
41 N.Y.2d 759 (N.Y. 1977) Cited 1,601 times 2 Legal Analyses
Upholding a weapons frisk based on an officer's observation of an item in a man's pocket that "struck him immediately as . . . 'the outline of a gun'"

The People, Respondent,v.David Bookman, Appellant.

39 Cited authorities

Holding that, upon observing traffic violation, officer may stop vehicle regardless of his subjective motivations, "as long as the circumstances, viewed objectively, justify that action"

Holding that an appeal waiver encompasses "any issue that does not involve a right of constitutional dimension going to "the very heart of the process," and ruling that a valid appeal waiver precludes review of claims that a sentence is harsh or excessive

Holding that probable cause existed for an arrest even though the ordinance at issue was later found unconstitutional

Finding criminal liability attaches to "a person concerned in the commission of a crime whether he directly commits the act constituting the offense or aids and abets in its commission . . ."

Holding that good faith exception was met where police reasonably relied on erroneous information concerning an arrest warrant in a database maintained by judicial employees

Holding that "[p]robable cause to believe certain items will be found in a specific location is a `practical, nontechnical conception,' that need not be based on direct, first-hand, or `hard' evidence."

Rejecting Bourne

In Kalin, 12 N.Y.3d 225, 878 N.Y.S.2d 653, 906 N.E.2d 381, the Court of Appeals examined an information which had charged the defendant with, among other things, criminal possession of a controlled substance in the seventh degree for the possession of nine plastic bags of heroin.

Holding that "a bargained-for waiver of the right to appeal is ineffective to the extent it impairs the defendant's ability to obtain appellate review" of unwaivable claims

Upholding a weapons frisk based on an officer's observation of an item in a man's pocket that "struck him immediately as . . . 'the outline of a gun'"