§Why CasetextPricing

The People, Respondent,v.Anthony Barksdale, Appellant.

Brief

29 Cited authorities

  1. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,269 times   6 Legal Analyses
    In People v. LaPene, 352 N.E.2d 562 (N.Y. 1976), the New York Court of Appeals laid out a sliding scale of justifiable police intrusion, short of probable cause to arrest, which specified three distinct levels of intrusion correlating the allowable intensity of police conduct to the nature and weight of the facts precipitating the intrusion.

  2. People v. Hollman

    79 N.Y.2d 181 (N.Y. 1992)   Cited 780 times   4 Legal Analyses
    Holding that reasonable suspicion was required before narcotics officers could approach a passenger in a bus terminal and ask for permission to search the person's bag

  3. People v. Moore

    2006 N.Y. Slip Op. 1249 (N.Y. 2006)   Cited 255 times
    Beginning analysis with the "gunpoint stop" where officers acting on an anonymous tip had arrived at the scene and approached the defendant "who began to walk away"

  4. People v. McRay

    51 N.Y.2d 594 (N.Y. 1980)   Cited 495 times
    Recognizing that a glassine envelope is a "'telltale sign of heroin'" and that passing one in a "furtive or evasive" manner provides probable cause to arrest (quoting People v. Alexander, 333 N.E.2d 157, 158 (N.Y. 1975))

  5. 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).

  6. People v. Harrison

    57 N.Y.2d 470 (N.Y. 1982)   Cited 264 times
    In People v. Harrison (57 N.Y.2d 470, 476), the Court of Appeals held that: "Confining the occupants to the car, even temporarily, is at least equivalent to a stop.

  7. People v. McIntosh

    96 N.Y.2d 521 (N.Y. 2001)   Cited 120 times
    In McIntosh, the Appellate Division, 274 A.D. 2d at 741-742, held that suspicion that a location is a known drug source of narcotics is sufficient articulable reason for the interdiction.

  8. People v. Damiano

    87 N.Y.2d 477 (N.Y. 1996)   Cited 134 times
    Rejecting prosecution's contention that "defendant's failure to register any objection to this verdict sheet renders his belated challenge not only unpreserved for appellate review, but actually constitutes implicit consent to the annotated verdict sheet"

  9. People v. Centano

    76 N.Y.2d 837 (N.Y. 1990)   Cited 156 times

    Argued June 5, 1990 Decided July 10, 1990 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Leon Becker, J. Paul Liu and Philip L. Weinstein for appellant. Robert M. Morgenthau, District Attorney (Beth J. Thomas and Donald J. Siewert of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be affirmed. Defendant argues that he was subjected to a custodial interrogation and that due to the failure to administer Miranda warnings (Miranda

  10. Ligon v. City of N.Y.

    925 F. Supp. 2d 478 (S.D.N.Y. 2013)   Cited 63 times   1 Legal Analyses
    Finding that the public had strong interest "in liberty and dignity under the Fourth Amendment"