People v. Wright
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
David Friedman, J.
On this motion pursuant to CPL 330.30 the issue presented is whether a court may properly charge a jury that the lawful*788ness of police conduct in approaching and stopping a defendant is not a question for its determination. I conclude that such a charge is appropriate.
The issue has its genesis in defendant’s arrest and indictment for criminal possession of a weapon in the third degree. Seeking to suppress the weapon recovered, defendant moved for a Mapp! Dunaway hearing, which was conducted. At such hearing the testimony indicated that three police…
2Cases cited8 opinions
- United States v. GaudinSupreme Court of the United States · 1995
- Horning v. District of ColumbiaSupreme Court of the United States · 1920
- People v. HamlinNew York Court of Appeals · 1988
- Steele v. United States No. 2Supreme Court of the United States · 1925
- People v. SullivanNew York Court of Appeals · 1986
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3Cited by2 opinions
- People v. DouglasNew York Supreme Court · 1998
- People v. MurphyAppellate Division of the Supreme Court of the State of New York · 2001