Legal Opinion
In re Robert M.
New York Supreme Court
Decided May 14, 1979PublishedCited by 3 opinions
1Opinion of the Court
*463OPINION OF THE COURT
Stanley L. Sklar, J.
The issue presented, apparently of first impression, is whether the People may introduce a gun into evidence under the following circumstances: The gun was discovered in a police search that might have been justified as incident to a lawful arrest for an unrelated crime, but the police failed to arrest for the unrelated crime.
The court ruled at the conclusion of the trial, but agreed to issue this formal written opinion.
The court holds that the gun may not be introduced and that the charge of possession of a gun must be dismissed.
On June 4, 1978, at…
2Cases cited16 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Sibron v. New YorkSupreme Court of the United States · 1968
- United States v. RobinsonSupreme Court of the United States · 1973
- People v. De BourNew York Court of Appeals · 1976
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3Cited by3 opinions
- People v. JonesNew York Supreme Court · 1984
- In re Terrence G.New York City Family Court · 1984
- People v. VasquezNew York Supreme Court · 1987