Legal Opinion

People v. Gerard

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

Decided April 19, 2012PublishedCited by 14 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Laura A. Ward, J., at suppression hearing; Juan M. Merchan, J., at plea and sentencing), rendered September 14, 2010, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of eight years, unanimously reversed, on the law, defendant’s suppression motion granted, and the indictment dismissed.

It was a permissible intrusion for the investigating officer to have approached defendant to ask him whether he was carrying a weapon and whether he was all right, based upon…

2Cases cited11 opinions

  1. People v. HollmanNew York Court of Appeals · 1992
  2. People v. ConcepcionNew York Court of Appeals · 2011
  3. People v. SamuelsNew York Court of Appeals · 1980
  4. People v. FeltonNew York Court of Appeals · 1991
  5. People v. EvansNew York Court of Appeals · 1985

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

3Cited by14 opinions

  1. People v. LeeAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. MoralesAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2021
  5. Matter of Shariff H.Appellate Division of the Supreme Court of the State of New York · 2014

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

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