People v. Battee
Appellate Division of the Supreme Court of the State of New York
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
- Payton v. New YorkSupreme Court of the United States · 1980
- Stovall v. DennoSupreme Court of the United States · 1967
- People v. CrimminsNew York Court of Appeals · 1975
- Brinegar v. United StatesSupreme Court of the United States · 1949
- United States v. SalvucciSupreme Court of the United States · 1980
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3Cited by9 opinions
- People v. WesleyNew York Court of Appeals · 1989
- People v. LottAppellate Division of the Supreme Court of the State of New York · 1984
- People v. PontoAppellate Division of the Supreme Court of the State of New York · 1984
- People v. HendersonAppellate Division of the Supreme Court of the State of New York · 1985
- 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.