People v. Matthew
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
As the People concede, it was error to summarily deny defendant’s suppression motion. Defendant, as a passenger in a taxi cab, has a right to contest the stop of the vehicle and therefore to challenge any evidence seized as the fruit of an unlawful stop (People v Millan, 69 NY2d 514, 520). Since defendant alleges facts which, if accepted as true, are sufficient to establish that the taxi cab was stopped illegally, he is entitled to a hearing on the motion.
Defendant’s contention that he was denied the right to trial *261by a jury of his choice because the court replaced a juror whose father-in-law…
2Cases cited19 opinions
- People v. PageNew York Court of Appeals · 1988
- People v. MillanNew York Court of Appeals · 1987
- People v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1990
- People v. PolhillAppellate Division of the Supreme Court of the State of New York · 1988
- People v. RosaAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by7 opinions
- People v. NicodemusAppellate Division of the Supreme Court of the State of New York · 1998
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 2020
- People v. HernandezNew York Supreme Court · 1998
- People v. SilvaAppellate Division of the Supreme Court of the State of New York · 1997
- People v. McLoydNew York Supreme Court · 2012
2 more not listed; retrieve them via the Exa API.