People v. Battaglia
| Decision Date | 25 March 1982 |
| Parties | , 435 N.E.2d 395 The PEOPLE etc., Respondent, v. John A. BATTAGLIA, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
MEMORANDUM.
Order reversed, defendant's motion to suppress granted, and a new trial ordered for the reasons stated in the dissenting opinion of Justice Stewart F. Hancock, Jr. of the Appellate Division (82 A.D.2d 389, 395-397, 442 N.Y.S.2d 316).
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23 cases
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People v. Johnson
...by probable cause (People v. Brnja, 50 N.Y.2d 366, 372, 429 N.Y.S.2d 173, 406 N.E.2d 1066; see, also, People v. Battaglia, 56 N.Y.2d 558, 450 N.Y.S.2d 178, 435 N.E.2d 395, revg. 82 A.D.2d 389, 442 N.Y.S.2d 316). The sergeant, however did not have probable cause to arrest at that time and th......
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People v. Gonzalez
...to search the bag. Mere hunch or suspicion on the part of the officer is insufficient for that purpose (see, People v. Battaglia, 56 N.Y.2d 558, 450 N.Y.S.2d 178, 435 N.E.2d 395 reversing on dissenting opinion of Hancock, J., 82 A.D.2d 389, 395, 442 N.Y.S.2d 316; see also, People v. Davis, ......
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People v. Hicks
...which justified the interference with his liberty in the first place. II C The dissent relies upon People v. Battaglia, 56 N.Y.2d 558, 450 N.Y.S.2d 178, 435 N.E.2d 395, revg. 82 A.D.2d 389, 442 N.Y.S.2d 316, and People v. Henley, 53 N.Y.2d 403, 442 N.Y.S.2d 428, 425 N.E.2d 428, in support o......
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People v. Kirby
...validate this detention without probable cause. Just this type of detention and transport was held invalid in People v. Battaglia, 56 N.Y.2d 558, 450 N.Y.S.2d 178, 435 N.E.2d 395. There the police responded to a radio transmission of a burglary when a silent alarm was activated in a bowling......
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