People v. Taggart

Decision Date10 January 1968
Citation21 N.Y.2d 729,287 N.Y.S.2d 695
Parties, 234 N.E.2d 714 The PEOPLE, etc., Respondent, v. Thomas TAGGART, Appellant.
CourtNew 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
7 cases
  • People v. DeVito
    • United States
    • New York Supreme Court
    • March 8, 1974
    ...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
    • United States
    • Appeals Court of Massachusetts
    • June 24, 1981
    ... ... 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
    • United States
    • New York Supreme Court — Appellate Division
    • October 7, 1968
    ...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
    • United States
    • New York Supreme Court — Appellate Division
    • March 16, 1993
    ...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......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT