21 Cited authorities

Whren v. United States
517 U.S. 806 (1996) Cited 8,589 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
People v. Bradshaw
2011 N.Y. Slip Op. 8963 (N.Y. 2011) Cited 1,388 times
Requiring colloquy before accepting waivers of right to appeal
People v. Seaberg
74 N.Y.2d 1 (N.Y. 1989) Cited 1,838 times 1 Legal Analyses
Rejecting Bourne
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. Garafolo
44 A.D.2d 86 (N.Y. App. Div. 1974) Cited 1,964 times
In Garafolo, a police officer testified that he observed unlawful untaxed cigarettes through a bag, which the court observed was not possible.
People v. Prochilo
41 N.Y.2d 759 (N.Y. 1977) Cited 1,600 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.
People v. Robinson
97 N.Y.2d 341 (N.Y. 2001) Cited 492 times 2 Legal Analyses
Declining to distinguish between criminal and traffic violations for the purposes of searches and seizures under New York law
People v. Sobotker
43 N.Y.2d 559 (N.Y. 1978) Cited 307 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.
People v. Malinsky
15 N.Y.2d 86 (N.Y. 1965) Cited 412 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.

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

21 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

Requiring colloquy before accepting waivers of right to appeal

Rejecting Bourne

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

In Garafolo, a police officer testified that he observed unlawful untaxed cigarettes through a bag, which the court observed was not possible.

Declining to distinguish between criminal and traffic violations for the purposes of searches and seizures under New York law

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.