21 Cited authorities

  1. Whren v. United States

    517 U.S. 806 (1996)   Cited 7,265 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 3,363 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. People v. Bradshaw

    2011 N.Y. Slip Op. 8963 (N.Y. 2011)   Cited 1,268 times

    No. 237. 2011-12-13 The PEOPLE of the State of New York, Appellant, v. Jay Jomar BRADSHAW, Respondent. Charles J. Hynes, District Attorney, Brooklyn (Maria Park and Leonard Joblove of counsel), for appellant. Appellate Advocates, New York City (Erica Horwitz and Lynn W.L. Fahey of counsel), for respondent. Chief Judge LIPPMAN and Judges PIGOTT and JONES concur with Judge CIPARICK; Judge READ dissents in a separate opinion in which Judges GRAFFEO and SMITH concur. Charles J. Hynes, District Attorney

  4. People v. Seaberg

    74 N.Y.2d 1 (N.Y. 1989)   Cited 1,739 times   1 Legal Analyses
    Noting that New York courts deem constitutional speedy trial claims unwaivable
  5. People v. Callahan

    80 N.Y.2d 273 (N.Y. 1992)   Cited 1,123 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).
  6. People v. Garafolo

    44 A.D.2d 86 (N.Y. App. Div. 1974)   Cited 1,947 times
    In Garafolo, a police officer testified that he observed unlawful untaxed cigarettes through a bag, which the court observed was not possible.
  7. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,515 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.
  8. People v. Robinson

    97 N.Y.2d 341 (N.Y. 2001)   Cited 378 times   2 Legal Analyses
    Declining to distinguish between criminal and traffic violations for the purposes of searches and seizures under New York law
  9. People v. Sobotker

    43 N.Y.2d 559 (N.Y. 1978)   Cited 285 times
    In People v. Sobotker (43 N.Y.2d 559, 563) the Court of Appeals stressed that in the absence of "`nonarbitrary, nondiscriminatory, uniform' highway traffic procedures", the stop of a motor vehicle on a public highway is justified only when there is specific cause or, at least, a reasonable suspicion that the motorist is about to violate the law.
  10. People v. Malinsky

    15 N.Y.2d 86 (N.Y. 1965)   Cited 397 times
    In People v. Malinsky, 15 N.Y.2d 86 (1965), the Court of Appeals extended Rosario to require production of a police officer's notes prior to testimony at a suppression hearing.