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7 New York opinions name it 2 courts 1976–2017 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. Culvergreen2 sentences2014To the extent that defendant’s contention survives his guilty plea, i.e., to the extent that defendant contends that “his plea was infected by the alleged inef fective assistance” (People v Culver, 94 AD3d 1427, 1427 [2012], lv denied 19 NY3d 1025 [2012] [internal quotation marks omitted]), we conclude that it is without merit. 2014To the extent that defendant’s contention survives his guilty plea, i.e., to the extent that defendant contends that “his plea was infected by the alleged inef fective assistance” (People v Culver, 94 AD3d 1427, 1427 [2012], lv denied 19 NY3d 1025 [2012] [internal quotation marks omitted]), we conclude that it is without merit. | 2 | 3 |
People v. Williamsgreen1 sentence2017The determination of a suppression motion by a hearing court is accorded great weight and will generally not be disturbed unless the record demonstrates that the court’s legal conclusion or resolution of credibility issues was clearly erroneous (see People v Williams, 25 AD3d 927, 928 [2006], lv denied 6 NY3d 840 [2006]). | 1 | 1 |
People v. Bigelowgreen1 sentence2017“Probable cause . . . ‘does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed’ ” (People v Guthrie, 25 NY3d 130, 133 [2015] [emphasis omitted], quoting People v Bigelow, 66 NY2d 417, 423 [1985]). | 1 | 1 |
The People v. Rebecca Guthriegreen1 sentence2017“Probable cause . . . ‘does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed’ ” (People v Guthrie, 25 NY3d 130, 133 [2015] [emphasis omitted], quoting People v Bigelow, 66 NY2d 417, 423 [1985]). | 1 | 1 |
People v. Paytongreen1 sentence2008The Court of Appeals has applied the Malinsky rule in subsequent cases to permit a rehearing on a suppression motion where an error of law is committed by the hearing court that causes the People to fail to offer an alternative justification for the search or seizure (see People v Crandall, 69 NY2d 459, 466-467 [1987] [Appellate Division properly remitted case to hearing court where suppression court’s erroneous ruling upholding “oral search warrant” deprived People of opportunity to establish alternative justification]; People v Payton, 51 NY2d 169, 177 [1980] [court’s erroneous ruling uphold | 1 | 1 |
People v. Crandallgreen1 sentence2008The Court of Appeals has applied the Malinsky rule in subsequent cases to permit a rehearing on a suppression motion where an error of law is committed by the hearing court that causes the People to fail to offer an alternative justification for the search or seizure (see People v Crandall, 69 NY2d 459, 466-467 [1987] [Appellate Division properly remitted case to hearing court where suppression court’s erroneous ruling upholding “oral search warrant” deprived People of opportunity to establish alternative justification]; People v Payton, 51 NY2d 169, 177 [1980] [court’s erroneous ruling uphold | 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. Wisdom
green
1 sentence2017The determination of a suppression motion by a hearing court is accorded great weight and will generally not be disturbed unless the record demonstrates that the court’s legal conclusion or resolution of credibility issues was clearly erroneous (see People v Williams, 25 AD3d 927, 928 [2006], lv denied 6 NY3d 840 [2006]). | 1 | 2017–2017 |
People v. Green
green
1 sentence2008The Court of Appeals has applied the Malinsky rule in subsequent cases to permit a rehearing on a suppression motion where an error of law is committed by the hearing court that causes the People to fail to offer an alternative justification for the search or seizure (see People v Crandall, 69 NY2d 459, 466-467 [1987] [Appellate Division properly remitted case to hearing court where suppression court’s erroneous ruling upholding “oral search warrant” deprived People of opportunity to establish alternative justification]; People v Payton, 51 NY2d 169, 177 [1980] [court’s erroneous ruling uphold | 1 | 2008–2008 |
People v. Giles
green
1 sentence1989The Appellate Division acknowledged that under Millan (supra) defendant had acquired standing for a suppression motion and a hearing, but instead of withholding determination of the appeal and remitting to Supreme Court for that purpose as would be its "usual practice”, the court granted the suppression motion outright without any hearing by basing its determination on the trial evidence ( 137 AD2d 1, 4 ). | 1 | 1989–1989 |
People v. Millan
green
1 sentence1989The Appellate Division acknowledged that under Millan (supra) defendant had acquired standing for a suppression motion and a hearing, but instead of withholding determination of the appeal and remitting to Supreme Court for that purpose as would be its "usual practice”, the court granted the suppression motion outright without any hearing by basing its determination on the trial evidence ( 137 AD2d 1, 4 ). | 1 | 1989–1989 |
People v. Reisman
green
1 sentence1976We noted however that when challenged by a suppression motion this presumption would disappear and the People would be required to demonstrate that the sender had probable cause (at p 214) or that the independent observations of the searching officer were sufficient to justify the action taken (at p 213, n 2, citing People v Riseman, 29 NY2d 278, 284 ). | 1 | 1976–1976 |
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.
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.