People v. Battaglia, 435 N.E.2d 395 (NY 1982). · Go Syfert
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People v. Battaglia, 435 N.E.2d 395 (NY 1982). Cases Citing This Book View Copy Cite
31 citation events (6 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. McClain (nyappdiv, 2006-09-29)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 2 distinct citers.
discussed Cited "see, e.g." People v. McClain
N.Y. App. Div. · 2006 · signal: see also · confidence low
Contrary to the People’s contention and the conclusion of the court, the actions of the police officers in drawing their guns, handcuffing and frisking defendant, and transporting defendant, while handcuffed, to the scene of the robbery amounted to an arrest of defendant (see People v Brnja, 50 NY2d 366, 372 [1980]; see also People v Battaglia, 56 NY2d 558 , [1982], revg 82 AD2d 389 [1981] on dissenting op of Hancock, Jr., J.).
discussed Cited "see, e.g." People v. Johnson
N.Y. App. Div. · 1984 · signal: see also · confidence low
Contrary to the conclusion of the hearing court, such an intrusion amounts to an arrest which must be supported by probable cause (People v Brnja, 50 NY2d 366, 372 ; see, also, People v Battaglia, 56 NY2d 558 , revg 82 AD2d 389 ).
The People of the State of New York
v.
John A. Battaglia
New York Court of Appeals.
Mar 25, 1982.
435 N.E.2d 395
APPEARANCES OF COUNSEL, Joseph A. Shifflett, Rose H. Sconiers and Joseph B. Mistrett for appellant., Edward C. Cosgrove, District Attorney (John J. De Franks and Dennis C. Vacco of counsel), for respondent.
Cited by 28 opinions  |  Published

OPINION OF THE COURT

Order reversed, defendant’s motion to suppress granted, and a new trial ordered for the reasons stated in the[*561] dissenting opinion of Justice Stewart F. Hancock, Jr., at the Appellate Division (82 AD2d 395-397).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.