Legal Opinion

People v. DeProspero

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

Decided November 18, 2011PublishedCited by 15 opinions

1Opinion of the Court

*41OPINION OF THE COURT

Peradotto, J.

The novel issue raised on this appeal from a judgment convicting defendant upon a plea of guilty of predatory sexual assault against a child (Penal Law § 130.96) is whether County Court erred in refusing to suppress evidence uncovered as a result of a January 2010 search of property that had been seized from defendant pursuant to a May 2009 warrant. For the reasons that follow, we conclude that the court properly refused to suppress that evidence.

Factual and Procedural Background

In 2008 and early 2009, an undercover State Police investigator worked to identify…

2Cases cited35 opinions

  1. United States v. JeffersSupreme Court of the United States · 1951
  2. People v. BigelowNew York Court of Appeals · 1985
  3. United States v. BurgessCourt of Appeals for the Tenth Circuit · 2009
  4. People v. TambeNew York Court of Appeals · 1988
  5. People v. CastilloNew York Court of Appeals · 1992

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3Cited by15 opinions

  1. People v. GrantAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. DeProsperoNew York Court of Appeals · 2013
  3. People v. DaleAppellate Division of the Supreme Court of the State of New York · 2016
  4. Cascino v. Judges of Albany County CourtAppellate Division of the Supreme Court of the State of New York · 2012
  5. Cascino v. Judges of Albany County CourtAppellate Division of the Supreme Court of the State of New York · 2012

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