People v. Henderson
Appellate Division of the Supreme Court of the State of New York
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
- Miranda v. ArizonaSupreme Court of the United States · 1966
- People v. BigelowNew York Court of Appeals · 1985
- People v. BeltonNew York Court of Appeals · 1982
- People v. BlasichNew York Court of Appeals · 1989
- 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
- People v. GrantAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BarleyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CastroAppellate Division of the Supreme Court of the State of New York · 2010
- 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.