Legal Opinion
People v. Montero
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 1989PublishedCited by 5 opinions
1Opinion of the Court
— Appeal by the People from an order of the Supreme Court, Queens County (Clabby, J.), dated July 7, 1988, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence recovered from his person.
Ordered that the order is affirmed.
We agree with the hearing court’s conclusion that any reasonable fear on the part of the police for their safety abated once a protective frisk of the defendant revealed a single bulge which neither looked nor felt like any identifiable weapon and which the searching officer believed to be plastic bags of…
2Cases cited7 opinions
- People v. DodtNew York Court of Appeals · 1984
- People v. JohnsonNew York Court of Appeals · 1984
- People v. RothNew York Court of Appeals · 1985
- People v. McGriffAppellate Division of the Supreme Court of the State of New York · 1984
- People v. VullisAppellate Division of the Supreme Court of the State of New York · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. BrockingtonAppellate Division of the Supreme Court of the State of New York · 1991
- In re Doris A.Appellate Division of the Supreme Court of the State of New York · 1990
- People v. NavarroAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BrockingtonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. DiazAppellate Division of the Supreme Court of the State of New York · 1992