People v. Bajana
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The evidence presented at the suppression hearing demonstrated that the arresting officer had probable cause to arrest the defendant (see CPL 140.10 [1] [b]; People v Rios, 11 AD3d 641 [2004]). Accordingly, the hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence that was discovered incident to his arrest. Moreover, since the defendant did not seek to reopen the suppression hearing based on the trial testimony, or move for a mistrial, the question of whether the trial testimony undermined the hearing court’s determination is not…
2Cases cited19 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RomeroNew York Court of Appeals · 2006
- People v. RiversNew York Court of Appeals · 1982
- People v. MaerlingNew York Court of Appeals · 1978
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3Cited by36 opinions
- People v. BirotAppellate Division of the Supreme Court of the State of New York · 2012
- People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2011
- People v. BartonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. TiroAppellate Division of the Supreme Court of the State of New York · 2012
- People v. AmbersAppellate Division of the Supreme Court of the State of New York · 2014
31 more not listed; retrieve them via the Exa API.