11 Cited authorities

  1. United States v. Robinson

    414 U.S. 218 (1973)   Cited 3,363 times   24 Legal Analyses
    Holding that law enforcement officers are authorized to conduct a full search of every lawful custodial arrestee
  2. People v. Concepcion

    2011 N.Y. Slip Op. 5110 (N.Y. 2011)   Cited 225 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"
  3. People v. Benjamin

    51 N.Y.2d 267 (N.Y. 1980)   Cited 383 times
    In People v Benjamin (51 N.Y.2d 267), a police officer responded to a radio run of men with guns at a specific location.
  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. Gethers

    86 N.Y.2d 159 (N.Y. 1995)   Cited 96 times   1 Legal Analyses
    In Gethers, the Court of Appeals concluded that a detective's in-court identification of the defendant "was `also improperly admitted as there was no evidence at the suppression hearing of an independent source' upon which the hearing court could rely to find that the in-court identification was `come at by * * * means sufficiently distinguishable to be purged of primary taint.'"
  6. People v. Robinson

    282 A.D.2d 75 (N.Y. App. Div. 2001)   Cited 40 times   1 Legal Analyses
    Handcuffing suspect and involuntarily transporting him to a police station where he was held in a cell for over two hours transformed stop into an arrest
  7. In re Victor

    2007 N.Y. Slip Op. 7742 (N.Y. 2007)   Cited 28 times
    In Matter of Victor M. (9 NY3d 84, 87 [2007]), The Court of Appeals held that promoting gambling in the second degree (Penal Law § 225.05) will not apply to a mere player in a dice game. Defendant's alleged actions, which are substantially similar to those observed in Victor M., are consistent with the actions of a player in a dice game.
  8. People v. Diaz

    107 A.D.3d 401 (N.Y. App. Div. 2013)   Cited 16 times

    2013-06-4 The PEOPLE of the State of New York, Respondent, v. Noel DIAZ, Defendant–Appellant. Steven Banks, The Legal Aid Society, New York (Andrew C. Fine of counsel), and Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York (Jeremy A. Benjamin of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Richard J. Ramsay of counsel), for respondent. GONZALEZ Steven Banks, The Legal Aid Society, New York (Andrew C. Fine of counsel), and Paul, Weiss, Rifkind, Wharton & Garrison LLP

  9. People v. Carlos Reyes

    69 A.D.3d 523 (N.Y. App. Div. 2010)   Cited 12 times
    In People v. Reyes, 69 A.D.3d 523, 896 N.Y.S.2d 301 (1st Dept.2010), appeal dismissed 15 N.Y.3d 863, 910 N.Y.S.2d 31, 936 N.E.2d 912 (2010), when the police arrived at a public location in response to a report of “ ‘a dispute with a knife,’ ” two unidentified men “pointed at [the] defendant, who was walking away from them down the middle of the street, and said, ‘That's him, that's him’ ” (id. at 524, 896 N.Y.S.2d 301).
  10. People v. McCree

    113 A.D.3d 557 (N.Y. App. Div. 2014)   Cited 4 times

    2014-01-28 The PEOPLE of the State of New York, Respondent, v. Claude McCREE, Defendant–Appellant. Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Brian R. Pouliot of counsel), for respondent. ACOSTA Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Brian R. Pouliot of counsel)