Legal Opinion
People v. Bloom
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 1997PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: County Court erred in *976denying the motion to suppress physical evidence seized from defendant following his warrantless arrest at his residence. “[S]earches and seizures inside a home without a warrant are presumptively unreasonable” (Payton v New York, 445 US 573, 586), and the People did not meet their burden of overcoming that presumption (see, People v Vennor, 176 AD2d 1217, 1218; People v Cruz, 149 AD2d 151, 159-160). The record does not support the court’s determination that exigent circumstances justified the failure of the police to obtain a…
2Cases cited13 opinions
- Payton v. New YorkSupreme Court of the United States · 1980
- People v. RobinsonNew York Court of Appeals · 1996
- People v. AguileraNew York Court of Appeals · 1993
- People v. TorresNew York Court of Appeals · 1992
- People v. CruzAppellate Division of the Supreme Court of the State of New York · 1989
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Brown v. DonnellyDistrict Court, W.D. New York · 2005
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2000
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 1997
- People v. McBrideNew York Court of Appeals · 2010
- People v. McBrideNew York Court of Appeals · 2010