People v. Batista
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Murphy, P. J.
The facts are fairly stated in the dissenting opinion and need not be repeated in the majority opinion.
A person, otherwise acting innocently, may not be arrested merely because he was in the company of another person who had engaged in criminal activity (People v Griffith, 63 AD2d 138, 142; People v Trapier, 47 AD2d 481, 483). However, under certain circumstances, a person’s presence at a crime scene might furnish a trained policeman with probable cause to arrest him (People v Martin, 32 NY2d 123, 125). The primary question presented upon this appeal is…
2Cases cited11 opinions
- People v. De BourNew York Court of Appeals · 1976
- People v. CantorNew York Court of Appeals · 1975
- People v. SanchezNew York Court of Appeals · 1975
- People v. MartinNew York Court of Appeals · 1973
- People v. BronkNew York Court of Appeals · 1973
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. HowardNew York Court of Appeals · 1980
- People v. BallejoAppellate Division of the Supreme Court of the State of New York · 1985
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 1984
- People v. BoydAppellate Division of the Supreme Court of the State of New York · 1980
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1981
9 more not listed; retrieve them via the Exa API.