30 Cited authorities

  1. 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
  2. Draper v. United States

    358 U.S. 307 (1959)   Cited 2,689 times   1 Legal Analyses
    Holding that hearsay may be considered in determining the existence of probable cause, even if it would not be admissible in a criminal trial
  3. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,267 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.
  4. People v. Jones

    2007 N.Y. Slip Op. 9070 (N.Y. 2007)   Cited 227 times
    Dismissing an information alleging disorderly conduct because there was no indication that the defendant "when he stood in the middle of the sidewalk . . . had the intent to or recklessly created a risk of causing 'public inconvenience, annoyance or alarm'"
  5. 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))
  6. People v. Berrios

    28 N.Y.2d 361 (N.Y. 1971)   Cited 600 times   1 Legal Analyses

    Argued March 2, 1971 Decided May 12, 1971 Appeal from the Supreme Court in the First Judicial Department, NEAL P. BOTTIGLIERI, J., WALTER H. GLADWIN, J., NICHOLAS F. DELAGI, J., DENNIS EDWARDS, JR., J., LOUIS SCHRIFIN, J. Appeal from the Supreme Court for the Second and Eleventh Judicial Districts of the Second Judicial Department, ALLEN BELDOCK, J., ALBERT R. MURRAY, J. Donald H. Zuckerman, Milton Adler, William E. Hellerstein, Lewis B. Oliver, Jr., Carol Berkman and William A. Nelson for appellants

  7. People v. Carrasquillo

    54 N.Y.2d 248 (N.Y. 1981)   Cited 339 times
    In Carrasquillo the court held that the right of inquiry was triggered when the unkempt suspect, carrying a bag, made a quick turn. Only when the suspect gave a straightforward, co-operative, and plausible response to the inquiry and was brought to the police station did an improper detention occur.
  8. People v. Kinchen

    60 N.Y.2d 772 (N.Y. 1983)   Cited 260 times   2 Legal Analyses
    In Kinchen, the Court of Appeals had held that a claim could not be properly considered where there was no proof in the record with regard to the defendant's allegations.
  9. People v. Weaver

    2011 N.Y. Slip Op. 745 (N.Y. 2011)   Cited 118 times
    Finding that defendant's disorderly conduct arrest was lawful, in part because defendant became "increasingly agitated and belligerent, repeatedly shouting obscenities at his wife and the [arresting] officer"
  10. People v. Baker

    2013 N.Y. Slip Op. 782 (N.Y. 2013)   Cited 101 times
    Holding arrest for disorderly conduct unlawful where it was "purely a personal clash" that was "extremely brief, lasting about 15 seconds," "not accompanied by menacing conduct," and "there was no basis to infer that [the officer] felt threatened by the statements