Legal Opinion
People v. Dugan
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2008PublishedCited by 13 opinions
1Opinion of the Court
The court properly denied defendant’s motion to suppress the physical evidence recovered from his vehicle after it was stopped at a checkpoint. There is no basis for disturbing the credibility determinations made by a judicial hearing officer and adopted by the court (see People v Prochilo, 41 NY2d 759, 761 [1977]), with regard to the circumstances of the checkpoint stop as well as the ensuing search.
The police testimony satisfied the elements of a valid checkpoint stop. The testimony established that the primary purpose of the checkpoint was roadway safety and enforcement of vehicular laws…
2Cases cited5 opinions
- City of Indianapolis v. EdmondSupreme Court of the United States · 2000
- People v. ScottNew York Court of Appeals · 1984
- People v. SerranoAppellate Division of the Supreme Court of the State of New York · 1996
- People v. FeiliAppellate Division of the Supreme Court of the State of New York · 2006
- People v. ShabazzAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by13 opinions
- People v. ContantAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WillisAppellate Division of the Supreme Court of the State of New York · 2009
- People v. PastranaAppellate Division of the Supreme Court of the State of New York · 2022
- People v. PastranaAppellate Division of the Supreme Court of the State of New York · 2022
- EDWARDS, JURIMAUL K., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
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