People v. Ayers

Decision Date21 June 1995
Citation86 N.Y.2d 732,631 N.Y.S.2d 612
Parties, 655 N.E.2d 709 People v. Michael Ayers
CourtNew York Court of Appeals Court of Appeals

Bellacosa, J.

214 A.D.2d 459, 625 N.Y.S.2d 206

App.Div. 1, New York 4/20/95

Denied.

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3 cases
  • People v. Van Houten
    • United States
    • New York County Court
    • 29 Abril 1998
    ... ... Defendant had a couch, a television, a space heater, dishes, ashtrays, bags of clothing and other items in the garage. The court found that the garage was never built for habitation and refused to extend the Payton protection from warrantless arrest to the garage. The court in People v. Ayers, 214 A.D.2d 459, 625 N.Y.S.2d 206 (1st Dept., 1995), app.den., 86 N.Y.2d 732, 631 N.Y.S.2d 612, 655 N.E.2d 709 (1995), decided that the defendant, who was arrested on drug charges, did not have a reasonable expectation of privacy in an abandoned apartment ...         Courts in other states ... ...
  • People v. Gonzalez
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Noviembre 2017
    ... ... Even if further inquiries of the remaining jurors would have been appropriate, defense counsel expressly declined that remedy (see People v. Ayers, 214 A.D.2d 459, 625 N.Y.S.2d 206 [1st Dept.1995], lv. denied 86 N.Y.2d 732, 631 N.Y.S.2d 612, 655 N.E.2d 709 [1995] ). The motion court's pretrial ruling, issued on July 23, 2013, denying defendant's motion to exclude, or alternatively to conduct a Frye(Frye v. United States, 293 F. 1013 [D.C ... ...
  • People v. Rosado
    • United States
    • New York Supreme Court — Appellate Division
    • 8 Junio 1999
    ... ... Damiano, 87 N.Y.2d 477, 487, 640 N.Y.S.2d 451, 663 N.E.2d 607). Defendant's claim that the jury may have made improper use of these materials is waived (see, People v. Ayers, 214 A.D.2d 459, 625 N.Y.S.2d 206, lv. denied 86 N.Y.2d 732, 631 N.Y.S.2d 612, 655 N.E.2d 709; see also, People v. Argibay, 45 N.Y.2d 45, 52-53, 407 N.Y.S.2d 664, 379 N.E.2d 191), as well as being unreviewable (see, People v. Kinchen, 60 N.Y.2d 772, 469 N.Y.S.2d 680, 457 N.E.2d 786) because ... ...

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