Legal Opinion

People v. Fernandez

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

Decided December 8, 2009PublishedCited by 2 opinions

1Opinion of the Court

Defendant’s statements were not the product of an unlawful arrest. There was ample probable cause, and the victim’s statement at a hospital showup that defendant was “not the guy” did not, under the totality of circumstances, obligate the police to release defendant without questioning him. In very close temporal and spatial proximity to the stabbing of an elderly man, the police encountered defendant, who was the only person in the area. Defendant’s pants were bloody, and he had an obvious stab wound on his hand. Defendant claimed he had been scratched by his girlfriend, and the girlfriend…

2Cases cited5 opinions

  1. Missouri v. SeibertSupreme Court of the United States · 2004
  2. People v. PaulmanNew York Court of Appeals · 2005
  3. People v. ScurlockAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. RobersonAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by2 opinions

  1. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2013

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