Legal Opinion

People v. Dorner

New York Supreme Court

Decided December 13, 1982PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Charles H. Cohen, J.

An indictment has been filed against defendant accusing him of criminal trespass in the first degree and criminal possession of a weapon in the third degree.

The defendant, claiming to be aggrieved by an unlawful search and seizure, has made a motion to suppress a gun seized from his person.

The People assert that the seizure of the gun was incidental to a lawful arrest which was made on January 17, 1980, by Police Officer Edwin Moore at Prospect Heights High School in Brooklyn.

The People have the burden in the first instance of going forward to show the…

2Cases cited24 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. Adams v. WilliamsSupreme Court of the United States · 1972
  4. People v. De BourNew York Court of Appeals · 1976
  5. People v. McRayNew York Court of Appeals · 1980

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3Cited by2 opinions

  1. Arum v. MillerDistrict Court, E.D. New York · 2004
  2. People v. ButlerNew York Supreme Court · 2001

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