Legal Opinion
People v. Havrish
New York Court of Appeals
Decided April 3, 2007PublishedCited by 14 opinions
1Opinion of the Court
*391OPINION OF THE COURT
Graffeo, J.
In complying with an order of protection that directed him to turn over his firearms to police, defendant produced an unlicensed handgun and was subsequently charged with criminal possession of a weapon in the fourth degree. The issue before us is whether defendant’s surrender of the handgun was privileged under the Fifth Amendment. We conclude that it was and therefore reverse the order of County Court, grant defendant’s motion to suppress and dismiss the accusatory instrument.
On April 8, 2005, defendant was charged in Delhi Town Court with assault in the third…
2Cases cited13 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
- Fisher v. United StatesSupreme Court of the United States · 1976
- Roberts v. United StatesSupreme Court of the United States · 1980
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People v. HillAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HigginsAppellate Division of the Supreme Court of the State of New York · 2015
- People v. ElyseeAppellate Division of the Supreme Court of the State of New York · 2007
- People v. GibsonNew York Court of Appeals · 2011
- People v. PorterAppellate Division of the Supreme Court of the State of New York · 2020
9 more not listed; retrieve them via the Exa API.