Legal Opinion

People v. Manrique

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

Decided December 9, 2008PublishedCited by 6 opinions

1Opinion of the Court

Defendant’s motion to suppress merchandise recovered from his possession by a store security guard was properly denied without a hearing because he failed to allege facts raising an issue as to state action (see People v Parris, 220 AD2d 254 [1995], lv denied 87 NY2d 976 [1996]). Unlike the situation in People v Mendoza (82 NY2d 415, 433-434 [1993]) and People v Green (33 AD3d 452 [2006]), defendant had ample access to information about the guard, including his identity and employment status, which led defendant to subpoena the records of the store’s security provider. Accordingly, defendant…

2Cases cited3 opinions

  1. People v. MendozaNew York Court of Appeals · 1993
  2. People v. DuerrAppellate Division of the Supreme Court of the State of New York · 1998
  3. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by6 opinions

  1. People v. CatesAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. SneedAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. SneedAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. BoatengAppellate Division of the Supreme Court of the State of New York · 2022
  5. People v. Bosticco (Paul)Appellate Terms of the Supreme Court of New York · 2016

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