39 Cited authorities

  1. Whren v. United States

    517 U.S. 806 (1996)   Cited 7,103 times   37 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"
  2. People v. Lopez

    2006 N.Y. Slip Op. 1195 (N.Y. 2006)   Cited 3,641 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
  3. Michigan v. Defillippo

    443 U.S. 31 (1979)   Cited 1,774 times   6 Legal Analyses
    Holding that probable cause to arrest the defendant existed even where the ordinance was later found unconstitutional, because a prudent police officer should not have been required to anticipate that a court would invalidate the ordinance
  4. People v. Mateo

    2 N.Y.3d 383 (N.Y. 2004)   Cited 2,773 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 . . ."
  5. Brinegar v. United States

    338 U.S. 160 (1949)   Cited 5,176 times   8 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."
  6. Arizona v. Evans

    514 U.S. 1 (1995)   Cited 743 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
  7. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,791 times   1 Legal Analyses
    Noting that New York courts deem constitutional speedy trial claims unwaivable
  8. People v. Callahan

    80 N.Y.2d 273 (N.Y. 1992)   Cited 1,136 times
    In Callahan, we held that the exception for challenges to the legality of the sentence addresses "the power of the court to impose the * * * sentence it chose" (80 N.Y.2d at 281).
  9. People v. Kalin

    2009 N.Y. Slip Op. 2446 (N.Y. 2009)   Cited 577 times
    In People v Kalin (12 NY3d at 231-232), the Court of Appeals indicated that the factual part of an information charging criminal possession of a controlled substance in the seventh degree must "adequately [identify] the particular drug, [allege] that the accused possessed that illegal substance, [state] the officer's familiarity with and training regarding the identification of the drug, [provide] some information as to why the officer concluded that the substance was a particular type of illegal drug, and [supply] sufficient notice of the charged crime to satisfy the demands of due process and double jeopardy."
  10. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,519 times   2 Legal Analyses
    In People v Prochilo (41 N.Y.2d 759, 763), even though the police officer was able to observe a visibly heavy object in defendant Bernard's pocket, we ordered the gun suppressed, in part because the officer was completely unable to connect his observations with the presence of a weapon until after he had taken the impermissible step of reaching into the pocket.