Legal Opinion

People v. Hernandez

New York Supreme Court

Decided July 13, 1998PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Caesar D. Cirigliano, J.

Defendant, who has been indicted for criminal possession of a controlled substance in the first degree, criminal possession of a weapon in the third degree and related crimes, has moved to suppress the drugs and weapon which were recovered from the vehicle in which he was a passenger upon the grounds that the stop and search were illegal. He has also moved to suppress a statement he made to the police after his arrest based on both the asserted illegality of the stop and a violation of his Miranda rights.

FINDINGS OF FACT

On July 5, 1996, Detective…

2Cases cited35 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. People v. De BourNew York Court of Appeals · 1976
  3. People v. CantorNew York Court of Appeals · 1975
  4. People v. BenjaminNew York Court of Appeals · 1980
  5. People v. MitchellNew York Court of Appeals · 1976

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3Cited by7 opinions

  1. State v. FairOregon Supreme Court · 2013
  2. State v. PierceSupreme Court of Vermont · 2001
  3. State v. WatkinsCourt of Appeals of Arizona · 2004
  4. Doucette v. StateCourt of Criminal Appeals of Alabama · 2008
  5. People v. ChiveCriminal Court of the City of New York · 2001

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