Legal Opinion

People v. Bates

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

Decided April 7, 2011PublishedCited by 9 opinions

1Opinion of the CourtGarry, J.

Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered October 20, 2008, convicting defendant upon his plea of guilty of the crime of attempted aggravated assault upon a police officer (two counts).

In August 2007, shortly after midnight, two State Troopers approached a vehicle parked on the side of and perpendicular to a road in the Town of Tupper Lake, Franklin County. The officers questioned defendant, who was the only person in the car, and observed the smell of alcohol as well as beer containers on the passenger seat of the car. Defendant produced his…

2Cases cited10 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
  3. People v. AlexanderNew York Court of Appeals · 2002
  4. People v. FrancabanderaNew York Court of Appeals · 1974
  5. People v. MendezNew York Court of Appeals · 2003

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3Cited by9 opinions

  1. People v. DaleAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. TureAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. VandenburgAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. HadfieldAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. RetellAppellate Division of the Supreme Court of the State of New York · 2022

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