People v. Taggart
Decision Date | 10 January 1968 |
Citation | 21 N.Y.2d 729,287 N.Y.S.2d 695 |
Parties | , 234 N.E.2d 714 The PEOPLE, etc., Respondent, v. Thomas TAGGART, Appellant. |
Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Term, Second Department.
Defendant was determined by the Criminal Court of the City of New York, Queens County, Bert Koehler, Jr., J., to be a youthful offender, and he appealed.
The Appellate Term affirmed the judgment, and the defendant appealed.
The Court of Appeals, Breitel, J., 20 N.Y.2d 335, 283 N.Y.S.2d 1, 229 N.E.2d 581, affirmed the judgment. Fuld, C.J., dissented.
Motion was made in the Court of Appeals to amend the remittitur.
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein, the court necessarily determined that the search of defendant's person, under common law or as authorized by section 180--a of the Code of Criminal Procedure, did not violate the Fourth or Fourteenth Amendments to the Constitution of the United States.
To continue reading
Request your trial-
People v. DeVito
...are not to be ignored. People v. Taggert, 20 N.Y.2d 335, 283 N.Y.S.2d 1, 229 N.E.2d 581 (1967), remittitur amended 21 N.Y.2d 729, 287 N.Y.S.2d 695, 234 N.E.2d 714. Here, given the totality of the situation, Patrolman Brady could scarcely have walked away from the scene and permitted the def......
-
Com. v. McCauley
... ... H. B., Juvenile, 75 N.J. at 248-252, 381 A.2d 759. See People v. Taggart, 20 N.Y.2d 335, 337-340, 283 N.Y.S.2d 1, 229 N.E.2d 581 (1967), modified 21 N.Y.2d 729, 287 N.Y.S.2d 695, 234 N.E.2d 714, appeal ... ...
-
People v. Merola
...905--906, 238 N.E.2d 307, 312--313; People v. Taggart, 20 N.Y.2d 335, 283 N.Y.S.2d 1, 229 N.E.2d 581, remittitur amd. 21 N.Y.2d 729, 287 N.Y.S.2d 695, 234 N.E.2d 714); and due weight must be accorded 'to the specific reasonable inferences which he (the police officer) is entitled to draw fr......
-
People v. Cartagena
...themselves but to innocent bystanders (see, People v. Taggart, 20 N.Y.2d 335, 340, 283 N.Y.S.2d 1, 229 N.E.2d 581, mod. 21 N.Y.2d 729, 287 N.Y.S.2d 695, 234 N.E.2d 714, appeal dismissed 392 U.S. 667, 88 S.Ct. 2317, 20 L.Ed.2d 1360). Under such circumstances, the officers were fully justifie......