Legal Opinion

People v. McKinley

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 2012PublishedCited by 11 opinions

1Opinion of the Court

*1748Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant’s contention, County Court properly refused to suppress a handgun discarded by defendant while he was being pursued by a police officer, a controlled substance seized from his person following his arrest, and a postarrest showup identification. The officer who pursued defendant testified at the suppression hearing that the police received a 911 call reporting that shots had been fired near the intersection of…

2Cases cited10 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. SierraNew York Court of Appeals · 1994
  3. People v. PinesNew York Court of Appeals · 2002
  4. People v. RiddickAppellate Division of the Supreme Court of the State of New York · 2010
  5. Zheng v. City of New YorkNew York Court of Appeals · 2012

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3Cited by11 opinions

  1. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. PriceAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. BakshAppellate Division of the Supreme Court of the State of New York · 2015
  4. BROWN, DENNIS, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
  5. ELLISON, JORDAN J., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015

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