People v. Davis, 103 A.D.3d 810 (N.Y. App. Div. 2013). · Go Syfert
People v. Davis, 103 A.D.3d 810 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
39 citation events (39 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Ayer (nyappdiv, 2026-04-24)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Ayer
N.Y. App. Div. · 2026 · confidence medium
To the extent that defendant also contends that the court erred in refusing to suppress statements made by the codefendant, we reject that contention and note that he lacks standing to seek suppression of her statements ( see People v Davis , 103 AD3d 810, 812 [2d Dept 2013], lv denied 21 NY3d 1003 [2013]; People v Hamilton , 232 AD2d 899, 900-901 [3d Dept 1996], lv denied 89 NY2d 942 [1997]; see generally People v Henley , 53 NY2d 403, 407-408 [1981]).
discussed Cited as authority (rule) People v. Kluge
N.Y. App. Div. · 2020 · confidence medium
Moreover, contrary to the defendant's contention, the vehicle in which he was a passenger was properly stopped by the police. "[A]s a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred, even if the underlying reason for the stop was to investigate another matter unrelated to the traffic violation" ( People v Davis , 103 AD3d 810, 811 [internal quotation marks omitted]; see People v Sluszka , 15 AD3d 421, 423 ).
discussed Cited as authority (rule) People v. Lassiter
N.Y. App. Div. · 2017 · confidence medium
The defendant failed to preserve for appellate review his contention that the court should have conducted a hearing to controvert the search warrant based on certain trial evidence (see CPL 470.05 [2]; People v Davis, 103 AD3d 810, 812 [2013]; People v Accardi, 222 AD2d 596, 597-598 [1995]).
discussed Cited as authority (rule) People v. Golden
N.Y. App. Div. · 2017 · confidence medium
Contrary to the defendant’s contention, the court did not err in crediting the testimony of a police officer that he observed the defendant make a right turn without signaling, which justified the stop of the defendant’s vehicle for a traffic infraction, ultimately leading to the recovery of the challenged physical evidence (see Ve- *778 hide and Traffic Law § 1163 [a]; People v Guthrie, 25 NY3d 130, 133 [2015]; People v Robinson, 97 NY2d 341, 348 [2001]; People v Bookman, 131 AD3d at 1260 ; People v Davis, 103 AD3d 810, 811 [2013]; People v Glover, 84 AD3d 977, 978 [2011]; People v Leiva…
discussed Cited as authority (rule) People v. Casey
N.Y. App. Div. · 2017 · confidence medium
The credibility determinations of a hearing court, which saw and heard the witnesses at the hearing, are entitled to deference on appeal and should not be disturbed unless clearly unsupported by the record (see People v Wallace, 128 AD3d 866, 866 [2015]; People v Davis, 103 AD3d 810, 811 [2013]).
discussed Cited as authority (rule) People v. Filer
N.Y. App. Div. · 2017 · confidence medium
The court’s charge mirrored the language of the New York Criminal Jury Instructions (CJI2d[NY] Penal Law § 265.03 [1] [b]; [3]) and, considered in its entirety, properly conveyed to the jury the correct principles to be applied in evaluating the evidence before it (see People v Davis, 103 AD3d 810, 812-813 [2013]; People v Sadian, 81 AD3d 987, 987-988 [2011]; People v Stallings, 54 AD3d 1064, 1064 [2008]; People v Lugo, 161 AD2d 122, 123 [1990]).
discussed Cited as authority (rule) People v. Diaz (2×)
N.Y. App. Div. · 2017 · confidence medium
The credibility determinations of a hearing court, which saw and heard the witnesses at the suppression hearing, are entitled to deference on appeal and should not be disturbed unless clearly unsupported by the record (see People v Wallace, 128 AD3d 866, 866 [2015]; People v Davis, 103 AD3d 810, 811 [2013]). “[A]s a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred, even if the underlying reason for the stop was to investigate another matter unrelated to the traffic violation” (People v Dav…
discussed Cited as authority (rule) People v. Peguero-Sanchez
N.Y. App. Div. · 2016 · confidence medium
Where, as here, a police officer has probable cause to detain a motorist in his vehicle for a traffic violation, such a seizure is reasonable even though the underlying reason for the stop may have been to investigate some other matter (see Whren v United States, 517 US 806 [1996]; People v Robinson, 97 NY2d 341 [2001]; People v Davis, 103 AD3d 810, 811 [2013]; People v Ortiz, 265 AD2d 579 [1999]; People v Dougherty, 251 AD2d 344 [1998]).
discussed Cited as authority (rule) People v. Patron
N.Y. App. Div. · 2016 · confidence medium
The police officer’s testimony at the suppression hearing established that the police had authority to stop the livery cab in which the defendant was a passenger based on the driver’s failure to signal while changing lanes (see People v Davis, 103 AD3d 810, 811 [2013]; People v Grant, 83 AD3d 862, 863 [2011]).
discussed Cited as authority (rule) People v. Tieman
N.Y. App. Div. · 2015 · confidence medium
This gave the detective probable cause to believe that the defendant had violated Vehicle and Traffic Law § 1120 by driving on the wrong side of the roadway and that he had violated Environmental Conservation Law § 11-0901 (1) by using the headlights of his vehicle for the purpose of hunting (see People v Abraham, 111 AD3d 756 [2013]; People v Davis, 103 AD3d 810, 811 [2013]; People v Glover, 84 AD3d 977, 978 [2011]).
discussed Cited as authority (rule) People v. Morrison
N.Y. App. Div. · 2015 · confidence medium
Here, the court’s Allen charge mirrored the charge contained in the Criminal Jury Instructions (see CJI2d[NY] Jury Issues — Jury Deadlocked]) and, therefore, does not afford a basis upon which to grant the relief now requested (see generally People v Briskin, 125 AD3d 1113, 1120-1121 [2015]; People v Davis, 103 AD3d 810, 812 [2013], lv denied 21 NY3d 1003 [2013]).
discussed Cited as authority (rule) People v. Mitchell
N.Y. App. Div. · 2015 · confidence medium
The Supreme Court properly denied that branch of the defendant’s omnibus motion which was to suppress marijuana observed in plain view, and other evidence seized from his vehicle after a lawful traffic stop (cf. People v Beriguette, 84 NY2d 978, 980 [1994]; People v Davis, 103 AD3d 810, 811 [2013]; People v Anderson, 91 AD3d 789 [2012]; People v Foster, 4 AD3d 434 [2004]).
discussed Cited as authority (rule) People v. Mitchell
N.Y. App. Div. · 2015 · confidence medium
The Supreme Court properly denied that branch of the defendant’s omnibus motion which was to suppress marijuana observed in plain view, and other evidence seized from his vehicle after a lawful traffic stop (cf. People v Beriguette, 84 NY2d 978, 980 [1994]; People v Davis, 103 AD3d 810, 811 [2013]; People v Anderson, 91 AD3d 789 [2012]; People v Foster, 4 AD3d 434 [2004]).
discussed Cited as authority (rule) People v. John
N.Y. App. Div. · 2014 · confidence medium
Here, the record supports the hearing court’s determination to credit a police officer’s testimony that he observed that the defendant’s vehicle had a defective or inoperable brake light, which justified the stop of the vehicle for a traffic infraction (see Vehicle and Traffic Law § 375 [40] [b]; People v Davis, 103 AD3d 810, 811 [2013]; People v Glover, 84 AD3d at 978 ).
discussed Cited as authority (rule) People v. Walker
N.Y. App. Div. · 2014 · confidence medium
The alleged new facts pertained to circumstances surrounding his arrest, of which the defendant is presumed to have had knowledge before the suppression motion was decided (see People v Davis, 103 AD3d 810, 812 [2013]; People v Kneitel, 33 AD3d 816 [2006], cert denied 552 US 907 [2007]; cf. People v John, 38 AD3d 568, 569 [2007]).
discussed Cited as authority (rule) People v. Walker
N.Y. App. Div. · 2014 · confidence medium
The alleged new facts pertained to circumstances surrounding his arrest, of which the defendant is presumed to have had knowledge before the suppression motion was decided (see People v Davis, 103 AD3d 810, 812 [2013]; People v Kneitel, 33 AD3d 816 [2006], cert denied 552 US 907 [2007]; cf. People v John, 38 AD3d 568, 569 [2007]).
discussed Cited as authority (rule) People v. Anthony
N.Y. App. Div. · 2014 · confidence medium
Here, the additional facts cited by the defendant in support of his motion to reopen the suppression hearing pertained to circumstances that occurred in the defendant’s presence, and, thus, the defendant is presumed to have had knowledge of those facts at the time of the hearing (see People v Davis, 103 AD3d 810, 812 [2013]; People v Kneitel, 33 AD3d at 816; People v Greaves, 12 AD3d 690 [2004]; People v Young, 278 AD2d at 438 ; cf. People v Delamota, 18 NY3d 107, 119 [2011]).
discussed Cited as authority (rule) People v. Anthony
N.Y. App. Div. · 2014 · confidence medium
Here, the additional facts cited by the defendant in support of his motion to reopen the suppression hearing pertained to circumstances that occurred in the defendant’s presence, and, thus, the defendant is presumed to have had knowledge of those facts at the time of the hearing (see People v Davis, 103 AD3d 810, 812 [2013]; People v Kneitel, 33 AD3d at 816; People v Greaves, 12 AD3d 690 [2004]; People v Young, 278 AD2d at 438 ; cf. People v Delamota, 18 NY3d 107, 119 [2011]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2014 · confidence medium
The hearing court’s credibility determinations are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v Davis, 103 AD3d 810, 811 [2013]; People v Martinez, 58 AD3d 870, 870-871 [2009]).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2014 · confidence medium
The hearing court’s credibility determinations are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v Davis, 103 AD3d 810, 811 [2013]; People v Martinez, 58 AD3d 870, 870-871 [2009]).
discussed Cited as authority (rule) People v. Abraham
N.Y. App. Div. · 2013 · confidence medium
Here, the record supports the hearing court’s determination to credit a police officer’s testimony that he observed a vehicle in which the defendant was a passenger, inter alia, make a turn without signaling, which justified the stop of the vehicle for a traffic infraction (see Vehicle and Traffic Law § 1163 [a]; People v Davis, 103 AD3d 810, 811 [2013]; People v Glover, 84 AD3d 977, 978 [2011]).
discussed Cited as authority (rule) People v. Abraham
N.Y. App. Div. · 2013 · confidence medium
Here, the record supports the hearing court’s determination to credit a police officer’s testimony that he observed a vehicle in which the defendant was a passenger, inter alia, make a turn without signaling, which justified the stop of the vehicle for a traffic infraction (see Vehicle and Traffic Law § 1163 [a]; People v Davis, 103 AD3d 810, 811 [2013]; People v Glover, 84 AD3d 977, 978 [2011]).
discussed Cited "see" People v. Foster
N.Y. App. Div. · 2017 · signal: see · confidence high
The hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence recovered from his person. “ ‘[A]s a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred,’ even if the underlying reason for the stop was to investigate another matter unrelated to the traffic violation” (People v Sluszka, 15 AD3d 421, 423 [2005], quoting People v Robinson, 97 NY2d 341, 348-349 [2001]; see People v Davis, 103 AD3d 810, 811 [2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Collin A. Davis
Appellate Division of the Supreme Court of the State of New York.
Feb 20, 2013.
103 A.D.3d 810
Cited by 27 opinions  |  Published

[*811] Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered November 17, 2010, convicting him of criminal possession of a weapon in the second degree and resisting arrest, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial (Aloise, J.), after a hearing (O’Dwyer, J.H.O.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

“The credibility determinations of a hearing court are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record” (People v Martinez, 58 AD3d 870, 870-871 [2009]). “ ‘[A]s a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred,’ even if the underlying reason for the stop was to investigate another matter unrelated to the traffic violation” (People v Sluszka, 15 AD3d 421, 423 [2005], quoting People v Robinson, 97 NY2d 341, 348-349 [2001]). Here, the record supports the hearing court’s determination to credit a police officer’s testimony that he observed a vehicle in which the defendant was a passenger make two right turns without signaling, which justified the stop of the vehicle for a traffic infraction (see Vehicle and Traffic Law § 1163 [a]; People v Glover, 84 AD3d 977 [2011]). Contrary to the defendant’s contention, the two right turns were each made at a location which falls within the statutory definition of an “intersection” (Vehicle and Traffic Law § 120 [a]; see Fan v Buzzitta, 42 AD2d 40, 42 [1973]), and, thus, the failure to signal when making each of the turns constituted a violation of Vehicle and Traffic Law § 1163 (a). Further, the vehicle stop, which was objectively based on a traffic violation, was “no less valid merely because the officer might also have been entertaining more serious suspicions” (People v Dougherty, 251 AD2d 344, 345 [1998]; see Whren v United States, 517 US 806 [1996]; People v Robinson, 74 NY2d 773, 774-775 [1989], cert denied 493 US 966 [1989]; People v Ortiz, 265 AD2d 579 [1999]). Accordingly, the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence observed in plain view inside the vehicle after a lawful stop for a traffic violation (see People v Foster, 4 AD3d 434 [2004]).

The Supreme Court providently exercised its discretion in denying the defendant’s motion to reopen the suppression hearing based upon an alleged inconsistency between the hearing[*812] and trial testimony of a police officer as to whether he observed a weapon in the stopped vehicle before or after he asked the driver to turn off the engine and hand over the keys. The alleged new facts pertained to circumstances that occurred in the defendant’s presence leading up to his arrest, and, thus, the defendant is presumed to have had knowledge of those facts at the time of the hearing (see People v Kneitel, 33 AD3d 816 [2006], cert denied 552 US 907 [2007]; People v Jordan, 231 AD2d 646 [1996]). Moreover, since the police officer had the discretionary authority to direct the driver to turn off the engine and to instruct the occupants to exit the vehicle upon making a valid traffic stop (see People v Robinson, 74 NY2d at 775; People v Diaz, 41 NY2d 876 [1977], cert denied 434 US 939 [1997]; People v Grant, 83 AD3d 862, 863 [2011]; People v Willis, 66 AD3d 926 [2009]; People v Forbes, 283 AD2d 92, 94 [2001]), the defendant would not have been entitled to suppression under either the hearing or trial versions of the incident (see People v Whaley, 70 AD3d 570, 572 [2010]; People v Sylvain, 33 AD3d 330 [2006]). The additional grounds advanced by the defendant on appeal in support of his contention that the court should have granted his motion to reopen the hearing are unpreserved for appellate review and, in any event, without merit (see People v Accardi, 222 AD2d 596, 597-598 [1995]).

The Supreme Court properly permitted the People to impeach the testimony of a defense witness with a statement made by that witness’s former counsel in his presence at a plea proceeding (see People v Brown, 98 NY2d 226 [2002]). The statement, which differed from the witness’s trial testimony, reasonably appeared to be attributable to the witness (see People v Kelley, 82 AD3d 463, 465 [2011], mod on other grounds 19 NY3d 887 [2012]; People v Russo, 210 AD2d 128, 129 [1994]). Further, to the extent the defendant asserts a constitutional violation based upon the use of the statement at trial, the defendant lacks standing to assert a violation of the witness’s constitutional rights (see People v Velez, 155 AD2d 708 [1989]; People v Miller, 74 AD2d 961 [1980]). The additional claims raised on appeal by the defendant with respect to the prior statement are unpreserved for appellate review and, in any event, without merit.

The defendant’s contention that the Supreme Court failed to adequately instruct the jury with regard to temporary and lawful possession of a weapon is without merit. The charge closely followed the language of the New York Criminal Jury Instructions (see CJI2d[NY] Penal Law § 220.25 [1]) and, considered in its entirety, properly conveyed to the jury the correct principles to be applied in evaluating the evidence before it (see People v [*813] Sadian, 81 AD3d 987 [2011]; People v Stallings, 54 AD3d 1064 [2008]; cf. People v Russell, 47 AD3d 732 [2008]). The defendant’s contention that the court failed to adequately charge the jury that his possession of a weapon must be voluntary also is without merit. The additional claims raised by the defendant on appeal with regard to the jury charge are unpreserved for appellate review and, in any event, without merit. Balkin, J.P., Lott, Austin and Sgroi, JJ., concur.