Legal Opinion

People v. Wright

New York Supreme Court

Decided June 3, 1996PublishedCited by 2 opinions

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

  1. United States v. GaudinSupreme Court of the United States · 1995
  2. Horning v. District of ColumbiaSupreme Court of the United States · 1920
  3. People v. HamlinNew York Court of Appeals · 1988
  4. Steele v. United States No. 2Supreme Court of the United States · 1925
  5. People v. SullivanNew York Court of Appeals · 1986

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3Cited by2 opinions

  1. People v. DouglasNew York Supreme Court · 1998
  2. People v. MurphyAppellate Division of the Supreme Court of the State of New York · 2001

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