Legal Opinion · Dissent

People v. Dinkins

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1979Published

1Dissent

Silverman, J. (dissenting).

I would affirm the conviction.

I. SEARCH OF THE AUTOMOBILE

I think the search of the automobile was justified.

In the present case the police received a 911 telephone call describing the car, giving its license number and its location and stating that there was a man with a shotgun in it. The police went there and found the described car in that place and saw the defendant get out of it. Such a call, even though anonymous, at least when corroborated by the accuracy of the descriptive facts (car, license number, location) is a sufficient predicate for police action.…

2Cases cited9 opinions

  1. Doyle v. OhioSupreme Court of the United States · 1976
  2. Cady v. DombrowskiSupreme Court of the United States · 1973
  3. Preston v. United StatesSupreme Court of the United States · 1964
  4. People v. ClarkNew York Court of Appeals · 1978
  5. People v. SpinelliNew York Court of Appeals · 1974

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