Legal Opinion
People v. Stevens
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2008PublishedCited by 23 opinions
1Opinion of the Court
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]). Contrary to the contention of defendant, Supreme Court properly determined that the police were justified both by exigent circumstances and by the emergency doctrine to enter his home without a warrant. The police responded promptly to the scene of a shooting and were advised by an unidentified citizen and by the victim’s mother, who was holding her fatally wounded son, that the person who shot the victim had entered the house across the street. The…
2Cases cited5 opinions
- People v. MitchellNew York Court of Appeals · 1976
- People v. MealerNew York Court of Appeals · 1982
- People v. DallasNew York Court of Appeals · 2007
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SimmsAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by23 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ComerfordAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LigginsAppellate Division of the Supreme Court of the State of New York · 2009
- People v. ChinAppellate Division of the Supreme Court of the State of New York · 2017
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