People v. Manon, 175 A.D.2d 15 (N.Y. App. Div. 1991). · Go Syfert
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People v. Manon, 175 A.D.2d 15 (N.Y. App. Div. 1991). Cases Citing This Book View Copy Cite
37 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Tapia (nyappdiv, 2024-09-19)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Tapia
N.Y. App. Div. · 2024 · confidence medium
Their behavior, viewed in totality, was at best equivocal and susceptible of an innocent interpretation, and therefore could not form the basis for reasonable suspicion to believe that defendant had engaged in a crime ( see People v Messano , 41 NY3d 228, 235 [2024]), or probable cause to arrest ( see People v Holmes , 81 NY2d at 1058; People v Moore , 6 NY3d at 500-501; People v Hernandez , 223 AD3d 751, 754 [2d Dept 2024]; People v Wilson , 175 AD2d at 17).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2010 · confidence medium
Further, the subject area was not merely a neighborhood known for drug sales where a resident was lawfully present, but was under an expressway in an area where the defendant and others were not authorized to be (cf. People v Wilson, 175 AD2d 15, 18 [1991]).
discussed Cited as authority (rule) People v. King
N.Y. Sup. Ct. · 1993 · confidence medium
The Appellate Division, First Department, has held on several occasions that "[a] police officer’s observation of an exchange between [a] defendant and another individual of an undescribed object and United States currency is insufficient to establish probable cause to arrest.” (People v Wilson, 175 AD2d 15, 17 [1st Dept 1991], lv denied 78 NY2d 1015 [1991]; Matter of Kevin W., supra.) Moreover, that Court has emphasized that probable cause is not established even when such observations are made in a "drug prone” location.
discussed Cited "see" People v. Shaw
N.Y. App. Div. · 1993 · signal: see · confidence high
The observed conduct, while providing reasonable suspicion sufficient to justify a stop and inquiry, and pursuit of the defendant if he had fled, did not provide probable cause for defendant’s arrest (cf., People v Leung, 68 NY2d 734 ; see, People v Wilson, 175 AD2d 15 , lv denied 78 NY2d 1015 ; Matter of Kevin W., 188 AD2d 301 ).
discussed Cited "see, e.g." People v. Williams
N.Y. App. Div. · 2025 · signal: see also · confidence medium
The People, however, are foreclosed from raising this argument on appeal because they did not assert it before the hearing court ( see People v Dodt, 61 NY2d 408, 416 [1984] [the People could not argue on appeal that the defendant voluntarily went to police station where they did not make that argument before the hearing court], lv denied 87 NY2d 1025 [1996]; see also People v Wilson, 175 AD2d 15, 16 [1st Dept 1991], lv denied 78 NY2d 1015 [1991] [the People could not argue for the first time on appeal that initial seizure of the defendant was founded on reasonable suspicion, as "[i]t is well-…
discussed Cited "see, e.g." People v. Hill (2×)
N.Y. App. Div. · 2017 · signal: see also · confidence medium
In addition, we may not reach an argument for affirmance that the People did not preserve ( Dodt , 61 NY2d at 416 ; see also People v Wilson , 175 AD2d 15, 16 [1st Dept 1991], lv denied 78 NY2d 1015 [1991] [People could not argue for the first time on appeal that officers conducted a lawful stop and frisk when the People only argued at the suppression hearing that the [*10]officers conducted a lawful arrest]). [FN15] Accordingly, I would grant defendant's motion to suppress the crack cocaine recovered from him, and dismiss the indictment against him ( People v Cameron , 48 AD2d 783 [1st Dept 1…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Teofilio Manon
Appellate Division of the Supreme Court of the State of New York.
Jul 2, 1991.
175 A.D.2d 15
Published

— Judgment of resentence, Supreme Court, New York County (Allen Alpert, J.), rendered on December 18, 1988, convicting defendant, upon a plea of guilty of violation of probation and sentencing defendant on a February 11, 1987 conviction of operating a motor vehicle while under the influence of alcohol to an indeterminate term of imprisonment of from lYa to 4 years, unanimously affirmed.

Judgment of the same court and Justice, rendered on May 11, 1989, convicting defendant, upon a plea of guilty of operating a motor vehicle while under the influence of alcohol, and sentencing defendant to an indeterminate term of imprisonment of from 1 to 3 years, to be served consecutively to the above sentence, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence. (People v Farrar, 52 NY2d 302, 305.)

Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms.” (People v Felman, 141 AD2d 889, 890, lv denied 72 NY2d 918.) Concur — Sullivan, J. P., Carro, Ellerin, Ross and Kassal, JJ.