Legal Opinion

People v. Cates

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

Decided May 10, 2016No. 1087 3732/13PublishedCited by 7 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Thomas Farber, J., at omnibus motion; Ruth Pickholz, J., at jury trial and sentencing), rendered April 8, 2014, convicting defendant of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied, without a hearing, defendant’s motion to suppress merchandise recovered from his possession by a store security guard, because defendant failed to allege facts raising an issue as to state action (see People v Manrique, 57 AD3d 265 [1st Dept 2008], lv denied 12 NY3d…

2Cases cited3 opinions

  1. People v. MendozaNew York Court of Appeals · 1993
  2. People v. ManriqueAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. BayronAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by7 opinions

  1. People v. SneedAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. SneedAppellate Division of the Supreme Court of the State of New York · 2021
  3. People v. BoatengAppellate Division of the Supreme Court of the State of New York · 2022
  4. People v. LiliAppellate Division of the Supreme Court of the State of New York · 2024
  5. People v. MooreAppellate Division of the Supreme Court of the State of New York · 2022

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