Legal Opinion
People v. McMurty
Criminal Court of the City of New York
Decided September 3, 1970PublishedCited by 11 opinions
1Opinion of the CourtIrving Younger, J.
For several years now, lawyers concerned with the administration of criminal justice have been troubled by the problem of “dropsy” testimony. This case shows why.
*64The facts are simple. On July 23, 1970, Patrolman Charles Frisina arrested defendant James McMurty on a charge of possession of marijuana. McMurty moved to suppress the marijuana for use as evidence, and, in due course, a hearing was held. Frisina took the stand. In condensed but substantially verbatim form, he testified as follows:
“At 8:30 p.m. on July 23, 1970, I was on duty driving a patrol car. While stopped for a light at West…
2Cases cited3 opinions
- Whitney v. CaliforniaSupreme Court of the United States · 1927
- Joseph J. Bush v. United States of America, Arthur H. Otey v. United StatesCourt of Appeals for the D.C. Circuit · 1967
- Roland F. Veney, Jr. v. United States of America, Howard R. Baylor v. United StatesCourt of Appeals for the D.C. Circuit · 1965
3Cited by11 opinions
- United States v. JanisSupreme Court of the United States · 1976
- State v. KimbroSupreme Court of Connecticut · 1985
- Pueblo v. González del ValleSupreme Court of Puerto Rico · 1974
- State v. BrunoriConnecticut Appellate Court · 1990
- People v. AshAppellate Court of Illinois · 2004
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