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Legal Opinion

Boyd v. Constantine

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

Decided June 5, 1992PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Green, J.

We are here presented with the question whether evidence that is the product of an unlawful search and suppressed for criminal prosecution purposes may be used in an administrative disciplinary proceeding. The matter comes before us in a CPLR article 78 proceeding seeking to annul a determination dismissing petitioner from the Division of State Police.

At approximately 2:30 a.m., two City of Buffalo police officers on routine patrol drove into the rear parking lot of 307 North Street and noticed movement inside a parked car that had not been there earlier. Upon…

2Cases cited21 opinions

  1. People v. HicksNew York Court of Appeals · 1986
  2. People v. JohnsonNew York Court of Appeals · 1985
  3. New York Rapid Transit Corp. v. City of New YorkSupreme Court of the United States · 1938
  4. People v. GrimingerNew York Court of Appeals · 1988
  5. People v. TorresNew York Court of Appeals · 1989

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

3Cited by4 opinions

  1. Boyd v. ConstantineNew York Court of Appeals · 1993
  2. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2007
  3. Torres v. $36,256.80 U.S. CurrencyDistrict Court, S.D. New York · 1993
  4. Roman v. ConstantineAppellate Division of the Supreme Court of the State of New York · 1992

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