People v. Alberti
| Decision Date | 01 October 1985 |
| Citation | 66 N.Y.2d 760,497 N.Y.S.2d 1034 |
| Parties | , 488 N.E.2d 120 People v. Alberti (Victor) |
| Court | New York Court of Appeals Court of Appeals |
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4 cases
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People v. Vernon B.
... ... unlawfully to include an unlicenced entry] ).Accordingly, although Officer Mayer made his observations from a publicly accessible area beyond the defendant's house and its curtilage ( People v. Alberti, 111 A.D.2d 860, 490 N.Y.S.2d 261 [2nd Dept],appl. denied66 N.Y.2d 760, 497 N.Y.S.2d 1034, 488 N.E.2d 120 [1985] [officer located upon public right-of-way was entitled to observe what was exposed to public] ), his jumping over the fence that surrounded defendant's property and his entry onto ... ...
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People v. Rodas
... ... People v. Malinsky, 15 N.Y.2d 86, 91 (1965). The defendant, however, bears the ultimate burden of proving by a preponderance of the evidence that the physical evidence should be suppressed. People v. Alberti, 111 A.D.2d 860 (2d dept 1985), app. den. 66 N.Y.2d 760 (1985). In order to determine whether the warrants were proper or not the reviewing Court must look to the four corners of each search warrant application and attachments and what the proceedings were before the issuing magistrate, if any ... ...
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