Legal Opinion

People v. Castro

New York Court of Appeals

Decided December 2, 1971PublishedCited by 18 opinions

1Opinion of the CourtGibson, J.

The People contend that the Assistant District Attorney’s stipulation removing from the court’s consideration upon a suppression hearing the question of abandonment as *326treated in People v. Anderson (24 N Y 2d 12) usurped the function of the court to determine the legal issues, including abandonment, arising upon the evidence previously completed and closed; and the People seek, reasonably enough, to disavow the stipulation (People v. Lewis, 26 N Y 2d 547, 550); but the stipulation is not determinative of the appeal, inasmuch as the courts below properly found probable cause without reference…

2Cases cited7 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. Beck v. OhioSupreme Court of the United States · 1964
  4. Draper v. United StatesSupreme Court of the United States · 1959
  5. McCray v. IllinoisSupreme Court of the United States · 1967

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. People v. ElwellNew York Court of Appeals · 1980
  2. People v. CastilloNew York Court of Appeals · 1992
  3. People v. EdwardsNew York Court of Appeals · 2000
  4. People v. WestNew York Court of Appeals · 1978
  5. People v. CarpenitoAppellate Division of the Supreme Court of the State of New York · 1991

13 more not listed; retrieve them via the Exa API.

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