Legal Opinion

People v. Battaglia

New York Court of Appeals

Decided July 5, 1995PublishedCited by 47 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s vehicle was stopped by the police at 3:00 in the morning for proceeding the wrong way down a one-way street. The driver of the vehicle provided what the police rationally concluded was a false identification. In our view, this constitutes sufficient record support for the lower courts’ findings that the police possessed a founded suspicion of criminality justifying a common-law inquiry in the form of a request for defendant to consent to a search of the vehicle (People v Hollman, 79 NY2d 181,…

2Cases cited2 opinions

  1. People v. HollmanNew York Court of Appeals · 1992
  2. In re Gissette Angela P.New York Court of Appeals · 1992

3Cited by47 opinions

  1. People v. GarciaNew York Court of Appeals · 2012
  2. People v. McIntoshNew York Court of Appeals · 2001
  3. People v. TejedaAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. FrancoisNew York Court of Appeals · 2010
  5. People v. LeivaAppellate Division of the Supreme Court of the State of New York · 2006

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