Legal Opinion
People v. O'Neil
Nassau County District Court
Decided March 21, 2014PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Andrew M. Engel, J.
The defendant is charged with driving while intoxicated, in violation of Vehicle and Traffic Law § 1192 (3).
Pursuant to an order of this court (Engel, J.) dated November 21, 2013, on February 7, 2014 this court conducted a Mapp/ Dunaway/Huntley1 hearing. At such a hearing, where a defendant challenges the legality of a search and seizure, along with statements allegedly obtained as a result thereof, the People have the burden of going forward, in the first instance, to establish the legality of the police conduct. (People v Malinsky, 15 NY2d 86 [1965];…
2Cases cited57 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- Dunaway v. New YorkSupreme Court of the United States · 1979
- Massiah v. United StatesSupreme Court of the United States · 1964
- Kirby v. IllinoisSupreme Court of the United States · 1972
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3Cited by5 opinions
- State of Iowa v. John Arthur Senn Jr.Supreme Court of Iowa · 2016
- People v. MoffittCriminal Court of the City of New York · 2015
- Amended September 21, 2016 State of Iowa v. John Arthur Senn Jr.Supreme Court of Iowa · 2016
- State of Iowa v. John Arthur Senn Jr.Supreme Court of Iowa · 2016
- State of Iowa v. John Arthur Senn Jr.Supreme Court of Iowa · 2016