§Why CasetextPricing

The People, Respondent, v Stanley Hardee, Appellant.

Brief

16 Cited authorities

  1. Michigan v. Long

    463 U.S. 1032 (1983)   Cited 3,658 times   20 Legal Analyses
    Holding that "the search of the passenger compartment of an automobile . . . is permissible if the police officer possesses a reasonable belief based on specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant the officers in believing that the suspect is dangerous and the suspect may gain immediate control of weapons"

  2. People v. Gray

    86 N.Y.2d 10 (N.Y. 1995)   Cited 3,227 times   5 Legal Analyses
    Holding that the issue of evidentiary sufficiency must be preserved for appellate review

  3. People v. Garcia

    2012 N.Y. Slip Op. 8670 (N.Y. 2012)   Cited 147 times   2 Legal Analyses
    In Garcia, where the Court of Appeals affirmed the Appellate Division's determination that the police lacked the requisite founded suspicion when, upon stopping a vehicle for a mere defective brake light, an officer asked if any of the occupants had a weapon (see People v Garcia, 20 NY3d at 324).

  4. People v. Torres

    74 N.Y.2d 224 (N.Y. 1989)   Cited 212 times   3 Legal Analyses
    Rejecting Supreme Court's expansive view of "stop and frisk" procedures as applied to automobiles

  5. People v. Mundo

    99 N.Y.2d 55 (N.Y. 2002)   Cited 77 times
    In Mundo, the failure of the driver to stop the vehicle and the repeated attempts to evade the police, which resulted in a near collision with a pedestrian, demonstrated a willingness to endanger the safety of others (see 99 N.Y.2d at 57, 750 N.Y.S.2d 837, 780 N.E.2d 522).

  6. People v. Carvey

    89 N.Y.2d 707 (N.Y. 1997)   Cited 80 times
    In Carvey, the bulletproof vest, combined with the defendant's act of furtively placing something under his seat — which implied that the gun was previously held at ready — was sufficient to justify the protective search because it suggested "more than the presence of a deadly weapon — it demonstrate[d] [the defendant's] readiness and willingness to use a deadly weapon" (89 NY2d at 712).

  7. People v. Wheeler

    2 N.Y.3d 370 (N.Y. 2004)   Cited 60 times

    60. Argued March 31, 2004. Decided May 13, 2004. Appeal, by permission of the Chief Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered February 3, 2003. The Appellate Division affirmed a judgment of the Supreme Court, Kings County (Joel M. Goldberg, J.), which had convicted defendant, upon a jury verdict, of criminal possession of a weapon in the third degree. People v. Wheeler, 302 AD2d 411, affirmed. Patterson,

  8. People v. Guay

    2011 N.Y. Slip Op. 8178 (N.Y. 2011)   Cited 30 times   1 Legal Analyses

    2011-11-15 The PEOPLE of the State of New York, Respondent, v. Dean A. GUAY, Appellant. Kindlon Shanks and Associates, Albany (Terence L. Kindlon and Kathy Manley of counsel), for appellant. Andrew Wylie, District Attorney, Plattsburgh (Nicholas J. Evanovich and Miriam C. Healy of counsel), for respondent. Chief Judge LIPPMAN and Judges CIPARICK Kindlon Shanks and Associates, Albany (Terence L. Kindlon and Kathy Manley of counsel), for appellant. Andrew Wylie, District Attorney, Plattsburgh (Nicholas

  9. People v. Omowale

    83 A.D.3d 614 (N.Y. App. Div. 2011)   Cited 15 times

    Nos. 3753, 3753A. April 28, 2011. Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 13, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and sentencing him as a second violent felony offender, to a term of seven years with five years' postrelease supervision, affirmed. Judgment, Supreme Court, New York County (Edward J. McLaughlin, J., at hearing; Bonnie G. Wittner, J., at plea and sentencing), rendered May 13

  10. People v. Hardee

    126 A.D.3d 626 (N.Y. App. Div. 2015)   Cited 6 times

    14405 5558/10 03-26-2015 The People of the State of New York, Respondent, v. Stanley Hardee, Defendant-Appellant. Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Dana Poole of counsel), for respondent. Acosta, J.P. , Andrias, Saxe, DeGrasse, Richter, JJ. Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney