People v. Spencer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P. J.
Appeal from an order of the County Court of Cortland County (Avery, Jr., J.), entered February 23, 2001, which granted defendant’s motion to dismiss the indictment.
Defendant was arrested for the felony of operating a motor vehicle while intoxicated on February 7, 2000 and subsequently indicted for that crime. At the close of a pretrial Huntley hearing, defense counsel, for the first time, argued that defendant was under arrest when he was transported to the police station and the arrest had been effected without probable cause. County Court refused to entertain that argument, finding that it…
2Cases cited8 opinions
- People v. JenningsNew York Court of Appeals · 1986
- People v. PelchatNew York Court of Appeals · 1984
- People v. HustonNew York Court of Appeals · 1996
- People v. RichardsAppellate Division of the Supreme Court of the State of New York · 1999
- People v. BurenNew York Court of Appeals · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
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- People v. FarleyAppellate Division of the Supreme Court of the State of New York · 2013
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