People v. Holmes
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ellerin, J.
The question before us on this appeal from a motion denying suppression of physical evidence is the propriety of the police conduct resulting in the recovery of that evidence in light of the decision by the United States Supreme Court in California v Hodari D. (499 US —, 111 S Ct 1547, 113 L Ed 690).
At the hearing on defendant’s motion to suppress, New York City Police Officers Nelthrope and Moynihan testified that they were on uniformed patrol at 12:40 p.m. on December 23, 1989, when they observed several men gathered near the premises of "a known narcotics…
2Cases cited13 opinions
- California v. Hodari D.Supreme Court of the United States · 1991
- People v. De BourNew York Court of Appeals · 1976
- People v. HollmanNew York Court of Appeals · 1992
- People v. HowardNew York Court of Appeals · 1980
- People v. BoodleNew York Court of Appeals · 1979
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People v. HolmesNew York Court of Appeals · 1993
- Driscoll v. TownsendDistrict Court, W.D. New York · 1999
- People v. McCulloughAppellate Division of the Supreme Court of the State of New York · 2006
- In re McC.Appellate Division of the Supreme Court of the State of New York · 2003
- People v. ConcepcionAppellate Division of the Supreme Court of the State of New York · 1995
17 more not listed; retrieve them via the Exa API.