Legal Opinion
People v. Montilla
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 2000PublishedCited by 10 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), entered on or about October 15, 1998, which granted defendant Edward Montilla’s motion to suppress physical evidence and his statement to police, reversed, on the law, the motion denied, and the matter remanded for further proceedings.
Any inquiry into the propriety of police conduct must weigh the degree of intrusion it entails against the precipitating and attending circumstances (People v De Bour, 40 NY2d 210, 223). The focus of the court’s inquiry is whether the police conduct was reasonable in view of the totality of the…
2Cases cited4 opinions
- People v. De BourNew York Court of Appeals · 1976
- People v. BatistaNew York Court of Appeals · 1996
- People v. LipseyAppellate Division of the Supreme Court of the State of New York · 1998
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by10 opinions
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2005
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2003
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2000
- People v. CintronAppellate Division of the Supreme Court of the State of New York · 2003
- People v. VarlackAppellate Division of the Supreme Court of the State of New York · 2002
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