Legal Opinion · Dissent

People v. Creer

Appellate Terms of the Supreme Court of New York

Decided December 30, 2010Published

1DissentSchoenfeld, J.

I respectfully dissent. The self-contradictory and confusing testimony of the arresting officer entitled the trial judge to find that there was no probable cause for defendant Larry Greer’s arrest. The defendant’s motion to suppress the evidence was therefore properly granted. The decision below should be affirmed.

The People appeal from an order of the Criminal Court of the City of New York, Bronx County, which granted a motion by defendant to suppress evidence and statements.

Defendant, arrested on September 27, 2008 and charged with driving under the influence of alcohol pursuant to Vehicle…

2Cases cited3 opinions

  1. People v. MoralesNew York Court of Appeals · 1977
  2. People v. BarrettAppellate Division of the Supreme Court of the State of New York · 2005
  3. People v. HardieAppellate Division of the Supreme Court of the State of New York · 2009

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