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7 New York opinions name it 2 courts 1983–2017 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.
| Case | Followed | Cited |
|---|---|---|
People v. McRaygreen2 sentences2010Therefore, notwithstanding that the arresting officer at bar did not further describe the small object passed by the defendant in exchange for currency, an inference of probable cause still may properly be drawn when there are present other indicia of a drug transaction (id.; see People v McRay, 51 NY2d at 604 ; see e.g. 1983The Court of Appeals concluded in McRay {supra, p 605) that “there is no sound basis for resisting as a matter of law the inference of probable cause that arises when * * * a trained and experienced officer observes the delivery of one or more glassine envelopes — the ‘hallmark’ of a drug transaction — in an area notorious for narcotics activity.” While the exchange and sniffing of a substance observed by the arresting officer at bar may not constitute a “hallmark” of an illicit drug transaction, it does constitute a telltale sign of an angel dust sale. | 2 | 2 |
People v. Grahamgreen1 sentence2010People v McCants, 67 AD3d 821 [2009]; People v Graham, 211 AD2d 55, 58-59 [1995]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Bradford
green
1 sentence2017The evidence does not indicate that the arresting officer’s conduct was motivated by bad faith or a nefarious police purpose (see People v Bradford, 15 NY3d at 334 ). | 1 | 2017–2017 |
People v. Harris
green
1 sentence2017Moreover, the fact that the defendant was taken into custody only after the arresting officer learned that he was wanted for a homicide in New York was a significant intervening event that served to break the causal connection between the conduct by the arresting officer that the hearing court found to be improper and the defendant’s subsequent statements (cf. People v Harris, 77 NY2d at 441 ). | 1 | 2017–2017 |
People v. Thompson
green
1 sentence2016The arresting officer did not claim that he searched the briefcase out of concern for the safety of himself or the public and, in any event, the circumstances did not support a reasonable belief that the briefcase contained a weapon (see People v Thompson, 118 AD3d at 924 ; People v Warner, 94 AD3d at 917 ). | 1 | 2016–2016 |
People v. Warner
green
1 sentence2016The arresting officer did not claim that he searched the briefcase out of concern for the safety of himself or the public and, in any event, the circumstances did not support a reasonable belief that the briefcase contained a weapon (see People v Thompson, 118 AD3d at 924 ; People v Warner, 94 AD3d at 917 ). | 1 | 2016–2016 |
People v. Grant
green
1 sentence2013Therefore, I don’t believe there is a “reasonable possibility” (Grant, 45 NY2d at 379 ) that if Supreme Court had merely suppressed the search of the car, Wells would have insisted on going to trial. | 1 | 2013–2013 |
People v. McCants
green
1 sentence2010People v McCants, 67 AD3d 821 [2009]; People v Graham, 211 AD2d 55, 58-59 [1995]). | 1 | 2010–2010 |
People v. Medina
green
1 sentence1986In many instances, the defendant failed to properly preserve for appellate review his claims of prosecutorial misconduct by omitting to raise an objection or request further curative instructions during trial (see, People v Medina, 53 NY2d 951 ; People v Walters, 116 AD2d 757 ). | 1 | 1986–1986 |
People v. Garafolo
green
1 sentence1986Furthermore, contrary to the defendant’s assertion, we find that the testimony of the arresting officer at the hearing was not incredible as a matter of law (see, People v Miller, 124 AD2d 599 ; People v Africk, 107 AD2d 700 ; People v Garafolo, 44 AD2d 86 ). | 1 | 1986–1986 |
People v. Singletary
neutral
1 sentence1986Although it is true that matters raised by the defendant may be pursued by the prosecutor even though initially the People may be barred from invoking an original line of inquiry as to the subject (see, People v Singletary, 54 AD2d 767 ), the question asked of the arresting officer by defense counsel was narrowly tailored to fit the officer’s testimony. | 1 | 1986–1986 |
People v. Africk
green
1 sentence1986Furthermore, contrary to the defendant’s assertion, we find that the testimony of the arresting officer at the hearing was not incredible as a matter of law (see, People v Miller, 124 AD2d 599 ; People v Africk, 107 AD2d 700 ; People v Garafolo, 44 AD2d 86 ). | 1 | 1986–1986 |
People v. Walters
neutral
1 sentence1986In many instances, the defendant failed to properly preserve for appellate review his claims of prosecutorial misconduct by omitting to raise an objection or request further curative instructions during trial (see, People v Medina, 53 NY2d 951 ; People v Walters, 116 AD2d 757 ). | 1 | 1986–1986 |
People v. Miller
neutral
1 sentence1986Furthermore, contrary to the defendant’s assertion, we find that the testimony of the arresting officer at the hearing was not incredible as a matter of law (see, People v Miller, 124 AD2d 599 ; People v Africk, 107 AD2d 700 ; People v Garafolo, 44 AD2d 86 ). | 1 | 1986–1986 |
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.