People v. Moss
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, including its evaluation of the arresting officer’s use of documents to refresh his recollection.
Defendant claims that the arresting officer, who testified to the detailed radioed description on which he relied, and then testified that defendant matched that description, was also required to testify as to defendant’s actual appearance. Since defendant’s arguments were insufficient to alert the court to that specific claim, it is unpreserved and we decline to…
2Cases cited8 opinions
- Waller v. GeorgiaSupreme Court of the United States · 1984
- Presley v. GeorgiaSupreme Court of the United States · 2010
- People v. MahboubianNew York Court of Appeals · 1989
- People v. RamosNew York Court of Appeals · 1997
- People v. CardwellNew York Court of Appeals · 1991
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. EchevarriaNew York Court of Appeals · 2013
- Moss v. ColvinCourt of Appeals for the Second Circuit · 2017
- People v. McLeodAppellate Division of the Supreme Court of the State of New York · 2024
- People v. McLeodAppellate Division of the Supreme Court of the State of New York · 2024
- Moss v. ColvinCourt of Appeals for the Second Circuit · 2017