Legal Opinion

People v. Diaz

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

Decided October 24, 1996PublishedCited by 7 opinions

1Opinion of the Court

—Orders, Supreme Court, Bronx County (Harold Silver-man, J.), entered March 21, 1994, which granted defendants’ motions to suppress physical evidence, unanimously reversed, on the law, the motions denied and the matters remanded for further proceedings.

Despite having credited the police testimony that the livery cab in which defendants were passengers was being driven without operable brake lights, the hearing court concluded that such stop was simply a pretext to "check out” the two men in the back and that if nothing had been found, no summons would have been issued. Unlike the situation in…

2Cases cited6 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. IngleNew York Court of Appeals · 1975
  3. People v. RobinsonNew York Court of Appeals · 1989
  4. People v. McLaurinNew York Court of Appeals · 1987
  5. People v. ElamAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by7 opinions

  1. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2000
  2. People v. RosarioAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. RoundtreeAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. Hwi Jin AnAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. CarverNew York Supreme Court · 2013

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

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