People v. Baird
Decision Date | 07 October 1985 |
Citation | 497 N.Y.S.2d 1034,66 N.Y.2d 761 |
Parties | , 488 N.E.2d 120 People v. Baird (Kenneth) |
Court | New York Court of Appeals Court of Appeals |
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- People v. Tucker
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People v. McCullars
... ... Tasker, 166 A.D.2d 753, 754, 562 N.Y.S.2d 805, lv. denied 77 N.Y.2d 844, 567 N.Y.S.2d 213, 568 N.E.2d 662). Such a determination, if "made by the trier of the facts, 'should not be rejected unless unsupported as a [174 A.D.2d 121] matter of law' " (id., quoting People v. Baird, 111 A.D.2d 1044, 1045, 490 N.Y.S.2d 625, lv. denied 66 N.Y.2d 761, 497 N.Y.S.2d 1034, 488 N.E.2d 120). Here, while it is true that at least one of the officers who accompanied defendant to the station strongly suspected that he was the culprit, it is not the subjective belief of a police officer ... ...
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People v. Knight
... ... Yukl, 25 N.Y.2d 585, 589, 307 N.Y.S.2d 857, 256 N.E.2d 172, cert. denied 400 U.S. 851, 91 S.Ct. 78, 27 L.Ed.2d 89; People v. Tucker, 140 A.D.2d 887, 890, 528 N.Y.S.2d 705, lv. denied 72 N.Y.2d 913, 532 N.Y.S.2d 762, 528 N.E.2d 1235; People v. Baird, 111 A.D.2d 1044, 490 N.Y.S.2d 625, lv. denied 66 N.Y.2d 761, 497 N.Y.S.2d 1034, 488 N.E.2d 120). When the positive identification of defendant was made at the scene, the police had probable cause to arrest the defendant ... We have reviewed defendant's remaining contention and ... ...
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People v. Daly
... ... Tasker, 166 A.D.2d 753, 562 N.Y.S.2d 805, lv. denied 77 N.Y.2d 844, 567 N.Y.S.2d 213, 568 N.E.2d 662; People v. Jones, 130 A.D.2d 511, 512, 515 N.Y.S.2d 91; People v. Baird, 111 A.D.2d 1044, 1045, 490 N.Y.S.2d 625, lv. denied 66 N.Y.2d 761, 497 N.Y.S.2d 1034, 488 N.E.2d 120), we believe that County Court [180 A.D.2d 874] properly determined that police entry into defendant's residence was consensual. It is well established that consent to enter a private dwelling ... ...
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