Legal Opinion

The People v. Joel Joseph

New York Court of Appeals

Decided May 3, 2016No. 67PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The issue of whether the police had probable cause to arrest defendant involves a mixed question of law and fact (see People v Oden, 36 NY2d 382, 384 [1975]) and is therefore beyond this Court’s further review power if the Appellate Division’s determination is supported by evidence in the record. In this case, there is record support for the conclusion that the police possessed probable cause.

Members of the New York Drug Enforcement Task Force were following a man whom they knew to be a narcotics trafficker,…

2Cases cited5 opinions

  1. People v. McRayNew York Court of Appeals · 1980
  2. People v. DardenNew York Court of Appeals · 1974
  3. People v. OdenNew York Court of Appeals · 1975
  4. People v. JonesNew York Court of Appeals · 1997
  5. People v. EdwardsNew York Court of Appeals · 2000

3Cited by34 opinions

  1. People v. EveryAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. CrissAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. TerryAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. NovakAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2021

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