§Why CasetextPricing

The People, Respondent,v.Benjamin Jenkins, Appellant.

Brief

9 Cited authorities

  1. People v. Concepcion

    2011 N.Y. Slip Op. 5110 (N.Y. 2011)   Cited 224 times
    Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

  2. U.S. v. Simmons

    661 F.3d 151 (2d Cir. 2011)   Cited 90 times   3 Legal Analyses
    Holding that although PSR identified only three individuals with particularity, sufficient facts permit conclusion that "[i]n aggregate" there were five participants

  3. People v. Molnar

    98 N.Y.2d 328 (N.Y. 2002)   Cited 114 times
    In People v. Molnar (98 N.Y.2d 328), the Court upheld a warrantless entry into an apartment, holding that "[d]efining an emergency with the rigidity defendant proposes may encourage police-so as to give their actions the appearance of an emergency — to break in prematurely * * * [T]he appropriately measured response of the police should not be declared illegal merely because they thoughtfully delayed entry for a relatively brief time" (People v. Molnar, supra at 334).

  4. Sanders v. Winship

    57 N.Y.2d 391 (N.Y. 1982)   Cited 191 times
    Holding that all parts of the statute should be harmonized and given its full effect and meaning if possible

  5. People v. Knapp

    52 N.Y.2d 689 (N.Y. 1981)   Cited 127 times
    In Knapp, the police conducted a prohibited warrantless search of the premises only after they assured themselves of complete control of the house and its occupants (see, also, Mincey v. Arizona, 437 U.S. 385, 393).

  6. People v. Johnson

    64 N.Y.2d 617 (N.Y. 1984)   Cited 60 times
    Holding that knowledge of criminal history by itself does not amount to reasonable suspicion, and stating in dicta that it might have reached a different conclusion had defendant been fleeing the scene

  7. People v. Green

    103 A.D.2d 362 (N.Y. App. Div. 1984)   Cited 41 times

    September 24, 1984 Appeal from the Supreme Court, Queens County, Thomas S. Agresta, J. John J. Santucci, District Attorney ( Steven J. Rappaport of counsel), for appellant. William E. Hellerstein ( Donald W. Searles of counsel), for respondent. THOMPSON, J.P. While on patrol in a marked radio car with a fellow officer at approximately 1:30 P.M. on April 21, 1983, Police Officer James Shyne received a radio run reporting shots fired in the vicinity of 142nd Street and Rockaway Boulevard. Arriving

  8. People v. Clements

    37 N.Y.2d 675 (N.Y. 1975)   Cited 54 times
    In Clements, the informant expressed some vague feelings of nervousness that the sellers might have become suspicious of him.

  9. Washington v. U.S.

    585 A.2d 167 (D.C. 1991)   Cited 6 times   1 Legal Analyses

    No. 88-933. Argued July 18, 1989. Decided January 15, 1991. Appeal from the Superior Court, George W. Mitchell, J. Robert L. Leggett, Washington, D.C., appointed by the court, for appellant. Bruce Delaplaine, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Michael W. Farrell, Asst. U.S. Atty., at the time the brief was filed, and Robert A. Spelke, Asst. U.S. Atty., were on the brief, Washington, D.C., for appellee. Before FERREN and TERRY, Associate Judges, and MACK, Senior Judge. MACK,