Treatment trajectory · 2015 → 2026 · click a year to view as-of
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Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
People of State of New York v. Xochimitl
(2×)
“The People’s burden of proving voluntariness ‘cannot be discharged by showing no more than acquiescence to a claim of lawful authority’ ” (People v Marcial, 109 AD3d at 938, quoting Bumper v North Carolina, 391 US 543, 548 [1968]).
discussed
Cited as authority (rule)
People v. Chazbani
In some cases, the Appellate Division has reversed or modified the judgment of conviction and granted the suppression motion, thereupon dismissing the *839 relevant charges or remitting the matter for a new trial (see People v Scott, 133 AD3d 794, 795, 797-798 [2015]; People v Blanding, 116 AD3d 498 [2014]; People v Gonzales, 111 AD3d 147 , 149 n, 157 [2013]; People v Marcial, 109 AD3d 937, 937, 939 [2013]; People v Lee, 96 AD3d 1522, 1523, 1526 [2012]; People v Harris, 93 AD3d 58, 66, 75 [2012], affd 20 NY3d 912 [2012]; People v Sedunova, 83 AD3d 965, 966, 968 [2011]).
discussed
Cited as authority (rule)
People v. Kelly
Consequently, I find that the People have failed to meet their burden of going forward, and that the gun should have been suppressed (see Wong Sun v United States, 371 US 471, 488 [1963]; People v Marcial, 109 AD3d 937, 939 [2013]).
discussed
Cited "see"
People v. Smith
Thus, as defendant correctly contends, the record establishes that, when the parole officers first arrived at the health facility, they were not " 'pursuing parole-related objectives' " but were instead facilitating the police investigator's contact with defendant as part of a separate criminal investigation ( People v Taylor , 97 AD3d 1139 , 1140 [4th Dept 2012], lv denied 19 NY3d 1029 [2012]; see People v Marcial , 109 AD3d 937 , 938 [2d Dept 2013], lv denied 22 NY3d 1200 [2014]).
discussed
Cited "see"
People v. Santiago
(2×)
"Consent to search is voluntary when it is a true act of the will, an unequivocal product of an essentially free and unconstrained choice" ( People v Flynn , 165 AD3d 973 , 975; see People v Marcial , 109 AD3d 937, 938 ). " Voluntariness is incompatible with official coercion, actual or implicit, overt or subtle'" ( People v Flynn , 165 AD3d at 975, quoting People v Gonzalez , 39 NY2d 122, 128 ), and "[t]he People's burden of proving voluntariness cannot be discharged by showing no more than acquiescence to a claim of lawful authority'" ( People v Marcial , 109 AD3d at 938 , quoting Bumper v N…
discussed
Cited "see, e.g."
United States v. Lambus
Sup. Ct. 2010) (suppressing evidence where a search by police was done in the presence of parole officers because the “parole officers’ presence on September 29, 2009 was not parole related, but was to supply a color of legality to a warrantless entry by the police into a private dwelling in violation of the parolee’s constitutional protections.”); see also People v. Marcial, 109 A.D.3d 937 , 971 N.Y.S.2d 328, 330 (2013) (affirming trial court’s decision to suppress evidence where the evidence was gathered during a search that “had no parole-related objective.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Shaun K. Hayes
v.
Shaun K. Hayes
Appellate Division of the Supreme Court of the State of New York.
Sep 18, 2013.
Published
— Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Hinrichs, J.), imposed February 1, 2012, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, EJ, Rivera, Leventhal and Sgroi, JJ., concur.