Legal Opinion

People v. Rosario

Criminal Court of the City of New York

Decided April 26, 1994PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Edgar G. Walker, J.

The defendant is charged with one count of criminal posses*1082sion of a weapon in the fourth degree, pursuant to Penal Law § 265.01 (1). The defendant has moved to suppress the handgun recovered from him, claiming a violation of his rights under the Fourth Amendment of the United States Constitution. A Mapp hearing was held by me on February 11, 1994.

The People called one witness, Police Officer John Scomillio. The defense rested after the People’s case without calling any witnesses. Based upon that portion of Officer Scomillio’s testimony which I find to be…

2Cases cited7 opinions

  1. United States v. Brignoni-PonceSupreme Court of the United States · 1975
  2. United States v. Martinez-FuerteSupreme Court of the United States · 1976
  3. People v. IngleNew York Court of Appeals · 1975
  4. People v. ScottNew York Court of Appeals · 1984
  5. People v. John BB.New York Court of Appeals · 1982

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

3Cited by2 opinions

  1. People v. TaverasAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. CartyNew York Supreme Court · 1995

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