Legal Opinion

People v. Battee

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

Decided May 25, 1983PublishedCited by 9 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Defendant appeals from his convictions after a jury trial for robbery, first degree, and attempted robbery, first degree, arising out of the armed robbery of a delicatessen. His main point on appeal is that police acted unlawfully in entering his house to arrest him without a warrant (see Payton v New York, 445 US 573) and that therefore the evidence seized in the house and testimony concerning a showup identification of defendant immediately after his arrest should both have been excluded as “fruitful” of the improper police action. The facts…

2Cases cited15 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. Brinegar v. United StatesSupreme Court of the United States · 1949
  5. United States v. SalvucciSupreme Court of the United States · 1980

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3Cited by9 opinions

  1. People v. WesleyNew York Court of Appeals · 1989
  2. People v. LottAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. PontoAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. HendersonAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1988

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

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