Legal Opinion
People v. Batista
New York Court of Appeals
Decided October 15, 1996PublishedCited by 125 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issue on this appeal relates to the defendant’s right to be free from an illegal search and seizure (US Const 4th, 14th Amends; NY Const, art I, § 12). A police officer, after lawfully stopping a cab in which defendant was a passenger, had his suspicions aroused by his personal observation of defendant’s movements and false response to an inquiry. At this point, the officer touched defendant’s sweatshirt covering a bulletproof vest and, subsequently, discovered a weapon. Under the circumstances presented, we agree with both lower courts that the officer’s…
2Cases cited10 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- People v. De BourNew York Court of Appeals · 1976
- People v. IngleNew York Court of Appeals · 1975
- People v. ChestnutNew York Court of Appeals · 1980
- People v. SmithNew York Court of Appeals · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- People v. CarveyNew York Court of Appeals · 1997
- People v. HeroldAppellate Division of the Supreme Court of the State of New York · 2001
- People v. MaisAppellate Division of the Supreme Court of the State of New York · 2010
- People v. JimenezNew York Court of Appeals · 2014
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2000
120 more not listed; retrieve them via the Exa API.