Legal Opinion

People v. Concepcion

New York Court of Appeals

Decided December 22, 1975PublishedCited by 16 opinions

1Opinion of the Court

Memorandum. The order of the Appellate Division should be affirmed.

Whether reasonable cause exists to conduct a warrantless search and seizure is essentially a factual determination and, as such, is beyond the scope of the power of review of this court unless, of course, the determination is erroneous as a matter of law (People v Alexander, 37 NY2d 202, 204, and the authorities cited therein). No error of that magnitude is evident on the record now before us. The only evidence adduced at the suppression hearing was from the two undercover police officers who testified that based on…

2Cases cited5 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. People v. FitzpatrickNew York Court of Appeals · 1973
  3. People v. ClementsNew York Court of Appeals · 1975
  4. People v. AlexanderNew York Court of Appeals · 1975
  5. People v. FloydNew York Court of Appeals · 1970

3Cited by16 opinions

  1. People v. GirolamoAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. BauerAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. RiveraNew York Court of Appeals · 1986
  4. People v. RizzoNew York Court of Appeals · 1976
  5. People v. KuzdzalNew York Court of Appeals · 2018

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