People v. Petralia
New York Court of Appeals
POINTS OF COUNSEL The court’s decision to suppress certain evidence was improper. (.People v Berrios, 28 NY2d 361; People v Malinsky, 15 NY2d 86; People v Petro, 54 NY2d 759; People v Delgado, 79 AD2d 976; People v Jones, 80 AD2d 876; People v Green, 87 AD2d 892; People v Lypka, 36 NY2d 210; People v Havelka, 45 NY2d 636; Whiteley v Warden, 401 US 560; People v Horowitz, 21 NY2d 55.) The court below was correct in deciding that the People failed to come forward with probable…
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POINTS OF COUNSEL The court’s decision to suppress certain evidence was improper. (.People v Berrios, 28 NY2d 361; People v Malinsky, 15 NY2d 86; People v Petro, 54 NY2d 759; People v Delgado, 79 AD2d 976; People v Jones, 80 AD2d 876; People v Green, 87 AD2d 892; People v Lypka, 36 NY2d 210; People v Havelka, 45 NY2d 636; Whiteley v Warden, 401 US 560; People v Horowitz, 21 NY2d 55.) The court below was correct in deciding that the People failed to come forward with probable cause for respondent’s arrest where the only witnesses at the suppression hearing was a police officer who had relied…
1Opinion of the Court
OPINION OF THE COURT
Wachtler, J.
The defendant has moved to suppress evidence seized at the time of his arrest for allegedly selling drugs to an undercover police officer who had informed the arresting officer of the sale. After a hearing, at which only the arresting officer testified, the trial court suppressed the evidence on constraint of certain Appellate Division decisions which hold the testimony of the undercover officer essential to establish probable cause under these circumstances. The Appellate Division affirmed, and the People have appealed. The issue is whether the People failed,…
2Cases cited11 opinions
- United States v. VentrescaSupreme Court of the United States · 1965
- Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
- People v. DodtNew York Court of Appeals · 1984
- People v. LypkaNew York Court of Appeals · 1975
- People v. HavelkaNew York Court of Appeals · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by158 opinions
- People v. ChippNew York Court of Appeals · 1990
- People v. Ramirez-PortorealNew York Court of Appeals · 1996
- People v. ParrisNew York Court of Appeals · 1994
- People v. KetchamNew York Court of Appeals · 1999
- People v. CastilloNew York Court of Appeals · 1992
153 more not listed; retrieve them via the Exa API.