Legal Opinion
People v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided April 30, 1991PublishedCited by 10 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Alvin Schlesinger, J.), entered October 29, 1990, which granted defendant’s motion to suppress physical evidence, affirmed.
In this People’s appeal, which challenges the grant of defendant’s motion to suppress physical evidence, the issue is whether the People’s proof was sufficient to establish an unequivocal intent to abandon the property seized. Upon examination of the record, we conclude that it was not.
At approximately 11:30 p.m. on June 18, 1990, P.O. Enrique Calderin was on uniform patrol in a marked police car driven by his partner, P.O. Brian…
2Cases cited3 opinions
- People v. HowardNew York Court of Appeals · 1980
- People v. PachecoAppellate Division of the Supreme Court of the State of New York · 1985
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by10 opinions
- People v. CampbellAppellate Division of the Supreme Court of the State of New York · 1997
- In re Shermaine J.Appellate Division of the Supreme Court of the State of New York · 1995
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1992
- People v. MimsAppellate Division of the Supreme Court of the State of New York · 1994
- Young v. StateCourt of Appeals of Alaska · 2003
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