People v. Grimes, 94 A.D.2d 957 (N.Y. App. Div. 1983). · Go Syfert
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People v. Grimes, 94 A.D.2d 957 (N.Y. App. Div. 1983). Cases Citing This Book View Copy Cite
“privilege, like that of a fireman . . . depends upon the purpose for which he enters or remains in or upon the property . if the purpose is the performance of his public duty, the actions are privileged.”
27 citation events (7 in the last 25 years) across 10 distinct courts.
Strongest positive: Opn. No. (nyag, 2006-03-31)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
examined Cited as authority (quoted) Opn. No. (2×) also: Cited "see"
N.Y. Att'y Gen. · 2006 · signal: see also · quote attribution · 1 verbatim quote · confidence low
privilege, like that of a fireman . . . depends upon the purpose for which he enters or remains in or upon the property . if the purpose is the performance of his public duty, the actions are privileged.
discussed Cited as authority (rule) Toadflax Nursery, LLC v. County of Washington
N.D.N.Y. · 2024 · confidence medium
“However, police officers are privileged to enter private property without committing trespass when they do so for a public purpose.” Hicks, 124 F. App’x at 25 (citing People v. Czerminski, 94 A.D.2d 957, 957 (4th Dep’t 1983)).
discussed Cited "see" Stevens & Thompson Paper Co. Inc. v. Middle Falls Fire Dept., Inc.
N.Y. App. Div. · 2020 · signal: see · confidence high
As for plaintiff's trespass claim against the fire department defendants, firefighters "acting lawfully in the furtherance of their duty are excused from what may be otherwise trespassory acts" ( Hand v Stray Haven Humane Socy. & S.P.C.A., Inc. , 21 AD3d 626, 628 [2005]; see People v Czerminski , 94 AD2d 957, 957 [1983]; 2006 Ops Atty Gen No 2006-4).
cited Cited "see" Hicks v. City of Buffalo
2d Cir. · 2004 · signal: see · confidence high
See People v. Czerminski, 94 A.D.2d 957 , 464 N.Y.S.2d 83, 83-84 (4th Dep’t 1983).
cited Cited "see" Ippolito v. Meisel
S.D.N.Y. · 1997 · signal: see · confidence high
See People v. Czerminsk 94 A.D.2d 957 , 464 N.Y.S.2d 83, 83 (4th Dept.1983).
cited Cited "see" People v. Trujillo
Colo. Ct. App. · 1987 · signal: see · confidence high
See People v. Czerminski, 464 N.Y.S.2d 83 , 94 A.D.2d 957 (1983).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Alfred Grimes
Appellate Division of the Supreme Court of the State of New York.
May 25, 1983.
94 A.D.2d 957
Cited by 5 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: New York Attorney General Repo… (1)

— Order unanimously reversed, motion granted and defendant remanded to Monroe County Court for resentencing. Memorandum: It was error for the court to deny the People’s motion to sentence defendant as a second felony offender. “A challenge to a plea based on an insufficient factual recitation is to be distinguished from a challenge based on constitutional grounds” and may not properly be raised for the first time in a second felony offender adjudication (People v Perkins, 89 AD2d 956; see, also, People v Fooks, 21 NY2d 338, 350, cert den sub nom. Robinson v New York, 393 US 1067). Nor was any evidence submitted that defendant was denied effective assistance of counsel in the prior proceeding or that there was a “significant possibility” of a conflict of interest as a result of counsel’s joint representation in the prior plea negotiations (People v Monroe, 54 NY2d 35, cert den 455 US 947). (Appeal from order of Monroe County Court, Barr, J. — second felony offender.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.