Legal Opinion
People v. Ventura
New York Supreme Court
Decided December 17, 2010PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Analisa Torres, J.
If a person is merely standing in the lobby of a housing project building and there is no evidence of prior criminality at that location, are the police permitted to approach and question that individual for the purpose of determining whether he or she lives there? I hold that they are not.
Defendant, Jose Ventura, is charged with criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal trespass in the third degree (Penal Law § 140.10 [e]).
Defendant moves to suppress 29 ziplock bags of cocaine and $284…
2Cases cited5 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- Dunaway v. New YorkSupreme Court of the United States · 1979
- People v. De BourNew York Court of Appeals · 1976
- People v. HollmanNew York Court of Appeals · 1992
- People v. HendricksAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
- Ligon v. City of New YorkDistrict Court, S.D. New York · 2013
- Davis v. City of New YorkDistrict Court, S.D. New York · 2013
- People v. MessinaCriminal Court of the City of New York · 2011