Legal Opinion

People v. Davis

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

Decided April 4, 2013Published

1Opinion of the Court

OPINION OF THE COURT

Renwick, J.

Prior to pleading guilty, defendant moved to suppress a gun, recovered from his pocket, and videotaped statements he made to the prosecution as fruits of an unlawful seizure. He also *146moved to suppress the statements as obtained in violation of his Miranda rights. We conclude that the facts disclosed in the record were such as to warrant a person of reasonable caution to believe that defendant was reaching for a weapon when the arresting officer grabbed his arm. We also find that defendant’s videotaped statements were not suppressible, notwithstanding the…

2Cases cited22 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. KernNew York Court of Appeals · 1990
  3. People v. ChappleNew York Court of Appeals · 1975
  4. People v. PaulmanNew York Court of Appeals · 2005
  5. People v. BetheaNew York Court of Appeals · 1986

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