scope of the suppression hearing in New York

11 New York opinions name it 1 courts 1986–2019 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
People v. Adamsgreen nyappdiv · 2011 · cited in 6 New York opinions naming this issue, 2014–2015 2 sentences 2015Although defendant initially moved to suppress the evidence on that ground, he expressly limited the scope of the suppression hearing in his written closing statement following the hearing to the custodial interrogation issue, and he also failed to seek a ruling on that part of his omnibus motion in which he argued that the search and seizure was illegal (see People v Britton, 113 AD3d 1101, 1102 [2014], lv denied 22 NY3d 1154 [2014]; see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]). 2015Although defendant initially moved to suppress the evidence on that ground, he expressly limited the scope of the suppression hearing in his written closing statement following the hearing to the custodial interrogation issue, and he also failed to seek a ruling on that part of his omnibus motion in which he argued that the search and seizure was illegal (see People v Britton, 113 AD3d 1101, 1102 [2014], lv denied 22 NY3d 1154 [2014]; see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]).	5	6
Matter of Susan D. Settenbrino, Pc v. Barroga-Hayesgreen ny · 2012 · cited in 6 New York opinions naming this issue, 2014–2015 2 sentences 2015Although defendant initially moved to suppress the evidence on that ground, he expressly limited the scope of the suppression hearing in his written closing statement following the hearing to the custodial interrogation issue, and he also failed to seek a ruling on that part of his omnibus motion in which he argued that the search and seizure was illegal (see People v Britton, 113 AD3d 1101, 1102 [2014], lv denied 22 NY3d 1154 [2014]; see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]). 2015Although defendant initially moved to suppress the evidence on that ground, he expressly limited the scope of the suppression hearing in his written closing statement following the hearing to the custodial interrogation issue, and he also failed to seek a ruling on that part of his omnibus motion in which he argued that the search and seizure was illegal (see People v Britton, 113 AD3d 1101, 1102 [2014], lv denied 22 NY3d 1154 [2014]; see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]).	3	6
People v. Brittongreen nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2015–2015 2 sentences 2015Although defendant initially moved to suppress the evidence on that ground, he expressly limited the scope of the suppression hearing in his written closing statement following the hearing to the custodial interrogation issue, and he also failed to seek a ruling on that part of his omnibus motion in which he argued that the search and seizure was illegal (see People v Britton, 113 AD3d 1101, 1102 [2014], lv denied 22 NY3d 1154 [2014]; see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]). 2015Although defendant initially moved to suppress the evidence on that ground, he expressly limited the scope of the suppression hearing in his written closing statement following the hearing to the custodial interrogation issue, and he also failed to seek a ruling on that part of his omnibus motion in which he argued that the search and seizure was illegal (see People v Britton, 113 AD3d 1101, 1102 [2014], lv denied 22 NY3d 1154 [2014]; see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]).	2	3
People v. Bigelowgreen nyappdiv · 2009 · cited in 3 New York opinions naming this issue, 2014–2014 2 sentences 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d	2	3
People v. Nixgreen nyappdiv · 2010 · cited in 3 New York opinions naming this issue, 2014–2014 2 sentences 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d	2	3
People v. Sinclairgreen nyappdiv · 2011 · cited in 3 New York opinions naming this issue, 2014–2014 2 sentences 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d	2	3
People v. McNairgreen nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2019–2019 1 sentence 2019County Court did not err in limiting the scope of the suppression hearing. "[A] motion for a Dunaway[/Mapp] hearing must be supported by sworn allegations of fact which, if true, would warrant suppression" ( People v McNair , 28 AD3d 800, 800 [2006]; see CPL 710.60 [1]).	1	1
People v. Lopezgreen ny · 2005 · cited in 1 New York opinions naming this issue, 2019–2019 1 sentence 2019The sufficiency of the factual allegations should be evaluated by the face of a defendant's motion papers, assessed within the context of the case, and in light of the information available to him or her ( see People v Lopez , 5 NY3d 753, 754 [2005]; People v Mendoza , 82 NY2d 415, 426-429 [1993]).	1	1
People v. Mendozagreen ny · 1993 · cited in 1 New York opinions naming this issue, 2019–2019 1 sentence 2019The sufficiency of the factual allegations should be evaluated by the face of a defendant's motion papers, assessed within the context of the case, and in light of the information available to him or her ( see People v Lopez , 5 NY3d 753, 754 [2005]; People v Mendoza , 82 NY2d 415, 426-429 [1993]).	1	1
People v. Horseygreen nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2006–2006 1 sentence 2006The record also supports the court’s determination that the oral and written statements subsequently made by defendant at the Public Safety Building were admissible inasmuch as those statements followed the valid waiver by defendant of his Miranda rights (see People v Horsey, 304 AD2d 852, 853 [2003], lv denied 1 NY3d 573 [2003]).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
People v. Adger green ny · 2011 2 sentences 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d	3	2014–2014
People v. Birch green ny · 2010 2 sentences 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d	3	2014–2014
Brown v. Massengill neutral scotus · 2011 2 sentences 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d 2014Although defendant moved to suppress the rifle on that ground, he abandoned it by expressly limiting the scope of the suppression hearing to the legality of the search of his apartment and the seizure of the rifle and, furthermore, by failing to seek a ruling on that part of his omnibus motion (see generally People v Adams, 90 AD3d 1508, 1509 [2011], lv denied 18 NY3d 954 [2012]; People v Adger, 83 AD3d 1590, 1591 [2011], lv denied 17 NY3d 857 [2011]; People v Nix, 78 AD3d 1698, 1698-1699 [2010], lv denied 16 NY3d 799 [2011], cert denied 565 US —, 132 S Ct 157 [2011]; People v Bigelow, 68 AD3d	3	2014–2014
Payton v. New York green scotus · 1980 1 sentence 2011Defendant’s contention that Supreme Court incorrectly limited the scope of the suppression hearing to issues arising out of Payton v New York ( 445 US 573 [1980]) is not preserved for our review (see CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).	1	2011–2011
People v. Jose green ny · 1999 1 sentence 2006In his moving papers, defendant had not raised any issue about this search and had not made any attempt to establish a privacy interest in the mailbox (cf. People v Jose, 252 AD2d 401 [1998], affd 94 NY2d 844 [1999]).	1	2006–2006
People v. Jose green nyappdiv · 1998 1 sentence 2006In his moving papers, defendant had not raised any issue about this search and had not made any attempt to establish a privacy interest in the mailbox (cf. People v Jose, 252 AD2d 401 [1998], affd 94 NY2d 844 [1999]).	1	2006–2006
People v. Jones green nyappdiv · 1981 1 sentence 1986Owing to the defendant’s agreement to narrow the scope of the suppression hearing to the issue of the validity of the confessions only, any issue concerning the validity of the identification procedures employed has not been preserved for review (see, People v Miguel, 53 NY2d 920 ; People v Martin, 50 NY2d 1029 ; People v Jones, 81 AD2d 22 ).	1	1986–1986
People v. Miguel green ny · 1981 1 sentence 1986Owing to the defendant’s agreement to narrow the scope of the suppression hearing to the issue of the validity of the confessions only, any issue concerning the validity of the identification procedures employed has not been preserved for review (see, People v Miguel, 53 NY2d 920 ; People v Martin, 50 NY2d 1029 ; People v Jones, 81 AD2d 22 ).	1	1986–1986
People v. Martin green ny · 1980 1 sentence 1986Owing to the defendant’s agreement to narrow the scope of the suppression hearing to the issue of the validity of the confessions only, any issue concerning the validity of the identification procedures employed has not been preserved for review (see, People v Miguel, 53 NY2d 920 ; People v Martin, 50 NY2d 1029 ; People v Jones, 81 AD2d 22 ).	1	1986–1986

Statutes the citing opinions construe

NY § N.Y. Penal Law § 110.00 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 11 (1986–2019) IL 4 (2016–2019) OH 4 (2018–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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