Legal Opinion

People v. Balian

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

Decided July 18, 1975PublishedCited by 8 opinions

1Opinion of the CourtWitmer, J.

Because of improper search and seizure of drugs which were thereafter used in connection with defendant’s confession and trial to prove his guilt of their possession, the judgment of conviction must be reversed and a new trial granted.

Late on Christmas night, 1973 the police learned that a certain drugstore in Auburn had been burglarized. Acting on a "lead”, they followed footprints in snow to an apartment building at Nos. 17-19 Grant Avenue not far from the drugstore. They knocked at several apartment doors without response. At defendant’s door they received an answer from within, upon which…

2Cases cited19 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Beck v. OhioSupreme Court of the United States · 1964
  4. Sibron v. New YorkSupreme Court of the United States · 1968
  5. United States v. RobinsonSupreme Court of the United States · 1973

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

3Cited by8 opinions

  1. People v. PriceAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. La RosaAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. DunnAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. TowndrowAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. DeanAppellate Division of the Supreme Court of the State of New York · 1985

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

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