People v. Tillery

Decision Date14 May 2009
CitationPeople v. Tillery, 909 N.E.2d 595, 12 N.Y.3d 860 (N.Y. 2009)
PartiesPEOPLE v. TILLERY.
CourtNew York Court of Appeals Court of Appeals

Appeal from 3d Dept.: 60 A.D.3d 1203, 875 N.Y.S.2d 343(Albany).

Application for leave to criminal appeal.Denied.(Smith, J.).

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9 cases
  • People v. Spradlin
    • United States
    • New York Supreme Court — Appellate Division
    • November 25, 2020
    ... ... "These encounters can be dynamic situations during which the degree of belief possessed at the point of inception may blossom by virtue of responses or other matters which authorize ... additional action as the scenario unfolds" ( People v. Tillery, 60 A.D.3d 1203, 1205, 875 N.Y.S.2d 343 [2009] [internal quotation marks and citations omitted], lv denied 12 N.Y.3d 860, 881 N.Y.S.2d 672, 909 N.E.2d 595 [2009] ).During the suppression hearing, the People elicited testimony from Michael Meskill, a police officer with the City of Ithaca Police ... ...
  • Tillery v. Lempke
    • United States
    • U.S. District Court — Northern District of New York
    • November 29, 2011
    ...reached by the jury.New York v. Tillery, 60 A.D.3d 1203, 1205-06 (N.Y. App. Div., 3d Dept. 2009), leave denied, New York v. Tillery, 12 N.Y.3d 860 (N.Y. 2009). On March 5, 2007, Petitioner was sentenced to the nine year prison term referenced above. (Dkt. No. 10, Attach. 2 at 178-205 [Trans......
  • People v. Morris
    • United States
    • New York Supreme Court — Appellate Division
    • April 4, 2013
    ... ... To be sure, [t]hese encounters can be dynamic situations during which the degree of belief possessed at the point of inception may blossom by virtue of responses or other matters which authorize ... additional[105 A.D.3d 1077]action as the scenario unfolds' ( People v. Tillery, 60 A.D.3d 1203, 1205, 875 N.Y.S.2d 343 [2009],lv. denied12 N.Y.3d 860, 881 N.Y.S.2d 672, 909 N.E.2d 595 [2009], quoting People v. De Bour, 40 N.Y.2d at 225, 386 N.Y.S.2d 375, 352 N.E.2d 562). Moreover, in evaluating the conduct of the police, we accord great weight to the suppression court's ... ...
  • People v. Issac
    • United States
    • New York Supreme Court — Appellate Division
    • June 6, 2013
    ... ... Significantly, [t]hese encounters can be dynamic situations during which the degree of belief possessed at the point of inception may blossom by virtue of responses or other matters which authorize ... additional action as the scenario unfolds' ( People v. Tillery, 60 A.D.3d 1203, 1205, 875 N.Y.S.2d 343 [2009],lv. denied12 N.Y.3d 860, 881 N.Y.S.2d 672, 909 N.E.2d 595 [2009], quoting People v. De Bour, 40 N.Y.2d 210, 225, 386 N.Y.S.2d 375, 352 N.E.2d 562 [1976];accord People v. Morris, 105 A.D.3d at 10761077, 962 N.Y.S.2d 760). Here, the entire encounter took ... ...
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