Legal Opinion
People v. Lopez
New York Supreme Court
Decided June 26, 2008PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Gtjstin L. Reichbach, J.
The defendant, charged with criminal possession of a weapon (Penal Law § 265.02), moves to suppress (CPL 710.20), claiming that the gun was recovered as a consequence of over-reaching police conduct based neither on probable cause nor reasonable suspicion. (People v De Bour, 40 NY2d 210 [1976]; Dunaway v New York, 442 US 200 [1979].) A Dunaway/Mapp hearing was held on April 2, 2008. The court makes the following findings of fact and conclusions of law.
Findings of Fact
At the hearing, Police Officer Martin Farber, assigned to anti-crime patrol in the…
2Cases cited31 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Whren v. United StatesSupreme Court of the United States · 1996
- Dunaway v. New YorkSupreme Court of the United States · 1979
- People v. De BourNew York Court of Appeals · 1976
- Wolf v. ColoradoSupreme Court of the United States · 1949
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3Cited by1 opinion
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 2009