Legal Opinion

People v. Juliano

New York County Court, Wayne County

Decided October 12, 2016Published

1Opinion of the Court

OPINION OF THE COURT

John B. Nesbitt, J.

Defendant is charged with the crimes of criminal possession of marihuana, second degree (Penal Law § 221.25), and unlawfully growing marihuana (Public Health Law § 3382). He moves to suppress the prosecution’s evidence on the grounds that it is the product of an unconstitutional search and seizure.

The operative facts are uncomplicated and largely undisputed. The defendant occupies and maintains residential property known as 3507 Middle Sodus Road in the Town of Lyons. The residence is a one-story, single-family structure with an attached porch facing…

2Cases cited12 opinions

  1. People v. MitchellNew York Court of Appeals · 1976
  2. United States v. Joseph Pace, Anthony Besase, Christ Savides, Donald Smith, John Cialoni, and Robert WilsonCourt of Appeals for the Seventh Circuit · 1990
  3. DiCesare v. StuartCourt of Appeals for the Tenth Circuit · 1993
  4. Robert Siebert and Pamela Siebert v. David SeverinoCourt of Appeals for the Seventh Circuit · 2001
  5. United States v. Booker T. Shanks, Also Known as Willie ShanksCourt of Appeals for the Seventh Circuit · 1996

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