Legal Opinion

People v. Benton

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 2004PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Charles J. Tejada, J., at hearing; Joan C. Sudolnik, J., at jury trial and sentence), rendered December 18, 2002, convicting defendant of assault in the first degree, robbery in the first degree, and burglary in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 15 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There was no violation of Payton v New York (445 US 573 [1980]) because, as the court specifically found (see CPL 470.05 [2]; People v Davis, 308 AD2d 343 [2003], lv…

2Cases cited7 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. Kaupp v. TexasSupreme Court of the United States · 2003
  4. People v. SmocumNew York Court of Appeals · 2003
  5. People v. BrownNew York Court of Appeals · 2002

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

3Cited by2 opinions

  1. Benton v. BrownDistrict Court, S.D. New York · 2008
  2. People v. DiazAppellate Terms of the Supreme Court of New York · 2005

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