Legal Opinion

People v. Henderson

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

Decided December 2, 2008PublishedCited by 18 opinions

1Opinion of the Court

*563“On a motion to suppress physical evidence, the People bear the burden of going forward to establish the legality of police conduct in the first instance” (People v Hernandez, 40 AD3d 777, 778 [2007]). “ ‘Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt but merely information sufficient to support a reasonable belief that an offense has been or is being committed or that evidence of a crime may be found in a certain place’ and that the person being arrested committed the crime or offense” (People v Francis, 44 AD3d 788, 789 [2007], quoting…

2Cases cited13 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. People v. BigelowNew York Court of Appeals · 1985
  3. People v. BeltonNew York Court of Appeals · 1982
  4. People v. BlasichNew York Court of Appeals · 1989
  5. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2007

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. People v. GrantAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. BarleyAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. CastroAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. McCawAppellate Division of the Supreme Court of the State of New York · 2016

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API