Legal Opinion

The People v. Eric R. Johnson, The People v. John A. DiSalvo, The People v. Costandino Argyris

New York Court of Appeals

Decided November 25, 2014No. 210, No. 199, No. 198PublishedCited by 51 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

In People v Argyris and People v DiSalvo, the orders of the Appellate Division should be affirmed. In People v Johnson, the order of County Court should be reversed, the suppression motion granted and the accusatory instrument dismissed.

Regardless of whether we apply a totality of the circumstances test or the Aguilar-Spinelli standard (see Spinelli v United States, 393 US 410 [1969]; Aguilar v Texas, 378 US 108 [1964]), there is record support for the lower courts’ findings that the stops were lawful in People v Argyris and People v DiSalvo. The police had…

2Cases cited6 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. People v. De BourNew York Court of Appeals · 1976
  4. Prado Navarette v. CaliforniaSupreme Court of the United States · 2014
  5. People v. BrnjaNew York Court of Appeals · 1980

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3Cited by51 opinions

  1. People v. CruzAppellate Division of the Supreme Court of the State of New York · 2016
  2. People v. TorresAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. WallsNew York Court of Appeals · 2021
  5. People v. FieldsAppellate Division of the Supreme Court of the State of New York · 2015

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