57 Cited authorities

  1. Payton v. New York

    445 U.S. 573 (1980)   Cited 7,622 times   33 Legal Analyses
    Holding that a New York statute "authoriz[ing] police officers to enter a private residence without a warrant and with force, if necessary, to make a routine felony arrest" was "not consistent with the Fourth Amendment"
  2. California v. Trombetta

    467 U.S. 479 (1984)   Cited 4,131 times   7 Legal Analyses
    Holding that the Constitution does not require the state to preserve a breath sample used in a breath-analysis test in a DUI prosecution
  3. Oregon v. Ice

    555 U.S. 160 (2009)   Cited 1,251 times   5 Legal Analyses
    Holding that Apprendi and Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 do not apply to findings of fact necessary for the imposition of consecutive sentences
  4. Minnesota v. Carter

    525 U.S. 83 (1998)   Cited 1,653 times   10 Legal Analyses
    Holding that a guest lacked a legitimate expectation of privacy in his host's apartment because there was nothing "similar to the overnight guest relationship in Olson to suggest a degree of acceptance into the household"
  5. Maryland v. Buie

    494 U.S. 325 (1990)   Cited 2,350 times   20 Legal Analyses
    Holding that, incident to arrest, an officer may conduct a limited protective sweep of those areas of a house in which he reasonably suspects a dangerous person may be hiding
  6. Brown v. Ohio

    432 U.S. 161 (1977)   Cited 3,087 times   6 Legal Analyses
    Holding that double jeopardy bars successive prosecutions for greater and lesser included offenses
  7. Ashe v. Swenson

    397 U.S. 436 (1970)   Cited 3,523 times   12 Legal Analyses
    Holding that the Double Jeopardy Clause prevents a defendant acquitted of robbing one participant at a poker game from being prosecuted for robbing any of the other participants at the same game
  8. State v. Yarbough

    100 N.J. 627 (N.J. 1985)   Cited 946 times
    Finding "the Code's paramount sentencing goals [are] that punishment fit the crime, not the criminal, and that there be a predictable degree of uniformity in sentencing"
  9. People v. Ramirez

    88 N.Y.2d 99 (N.Y. 1996)   Cited 526 times   1 Legal Analyses
    Finding the fellow officer rule provides that even if an arresting officer lacks personal knowledge sufficient to establish probable cause, the arrest will be lawful if the officer acts upon the direction of or as a result of communication with a superior or fellow officer or another police department provided that the police as a whole were in possession of information sufficient to constitute probable cause
  10. People v. Laureano

    87 N.Y.2d 640 (N.Y. 1996)   Cited 345 times   1 Legal Analyses
    Construing N.Y. Penal Law § 70.25
  11. Section 470.05 - Determination of appeals; general criteria

    N.Y. Crim. Proc. Law § 470.05   Cited 14,277 times
    Providing that a question of law is presented when "a protest thereto was registered, by the party claiming error, at the time of such ruling . . . or at any subsequent time when the court had an opportunity of effectively changing the same."
  12. Section 265.03 - Criminal possession of a weapon in the second degree

    N.Y. Penal Law § 265.03   Cited 2,532 times   2 Legal Analyses
    Finding a person guilty of second degree criminal possession of a weapon when he or she "possesses any loaded firearm . . . [outside of a] person's home or place of business."
  13. Section 70.25 - Concurrent and consecutive terms of imprisonment

    N.Y. Penal Law § 70.25   Cited 1,659 times
    Granting a sentencing court the power to specify that a term of imprisonment runs either concurrently or consecutively with respect to "any undischarged term of imprisonment imposed at a previous time"
  14. Section 120.10 - Assault in the first degree

    N.Y. Penal Law § 120.10   Cited 1,519 times
    Causing serious physical injury with a dangerous instrument
  15. Section 240.20 - [Repealed] Discovery; upon demand of defendant

    N.Y. Crim. Proc. Law § 240.20   Cited 947 times

    N.Y. Crim. Proc. Law § 240.20 Repealed by New York Laws 2019 , ch. 59, Sec. LLL-1, eff. 1/1/2020.

  16. Section 265.15 - Presumptions of possession, unlawful intent and defacement

    N.Y. Penal Law § 265.15   Cited 453 times

    1. The presence in any room, dwelling, structure or vehicle of any machine-gun is presumptive evidence of its unlawful possession by all persons occupying the place where such machine-gun is found. 2. The presence in any stolen vehicle of any weapon, instrument, appliance or substance specified in sections 265.01, 265.02, 265.03, 265.04 and 265.05 is presumptive evidence of its possession by all persons occupying such vehicle at the time such weapon, instrument, appliance or substance is found. 3