Legal Opinion

People v. Herrera

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

Decided September 23, 2010Published

1Opinion of the Court

*892Order, Supreme Court, Bronx County (Caesar Cirigliano, J.), entered on or about May 28, 2008, which, in a prosecution for criminal possession of a weapon in the fourth degree and unlawful possession of a knife, granted defendant’s motion to suppress physical evidence and a statement, reversed, on the law and the facts, the motion denied, and the criminal complaint reinstated.

On the night of March 11, 2007, the arresting detective and his partner were on motor patrol in an area known for gang activity. At approximately 11:30 p.m., defendant walked in front of the detective’s unmarked car at a…

2Cases cited7 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. BatistaNew York Court of Appeals · 1996
  3. People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. MendezAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. BestAppellate Division of the Supreme Court of the State of New York · 2008

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