Legal Opinion

People v. Oden

New York Court of Appeals

Decided April 3, 1975PublishedCited by 133 opinions

1Opinion of the CourtCooke, J.

The People appeal from an order of the Appellate Term which affirmed a Criminal Court order granting, after hearing, defendant’s suppression motion regarding certain physical evidence, on the ground of lack of probable cause.

On October 5, 1973, Gervasi, a New York City patrolman assigned to the Special Narcotics Enforcement Unit, was in the vicinity of 118th Street and Seventh Avenue looking for a person arrested several months earlier while in possession of a sizable quantity of heroin. While using an 8 to 25 power by 30 millimeter lens telescope, he observed defendant and James Johnson,…

2Cases cited20 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. Henry v. United StatesSupreme Court of the United States · 1959
  4. Stewart v. SonnebornSupreme Court of the United States · 1879
  5. People v. RiveraNew York Court of Appeals · 1964

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3Cited by133 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. McRayNew York Court of Appeals · 1980
  3. People v. HarrisonNew York Court of Appeals · 1982
  4. People v. ChestnutNew York Court of Appeals · 1980
  5. People v. GruttolaNew York Court of Appeals · 1977

128 more not listed; retrieve them via the Exa API.

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