A Monroe County Court judge has ruled that a Rochester police officer didn’t have an adequate reason to stop a motorist and dismissed all the ensuing charges, including DWI and driving without a license. Officer Albert Weech testified that in ...

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James Kendrick, the leader of a major violent drug ring now serving a lengthy federal prison sentence, had his guilty plea in a state drug case reversed because the judge improperly allowed evidence. In December, Kendrick was sentenced in federal ...

Tagged with: drug charges Suppression of Evidence Supreme Court Appellate Division Fourth Department warrantless search

New York State Court of Appeals Suppression of Evidence Probable Cause – Disorderly Conduct People v. Gonzalez No. 76 Memorandum Background: The defendant had shouted obscenities at police officers, provoking surprise and curiosity from some passengers and evasive movements from ...

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Appellate Division, Fourth Department – Suppression of Evidence – Possession of a Gambling Device People v. Rollins KA 13-00583 Background: The defendant appealed from a judgment convicting him of criminal possession of a controlled substance in the seventh degree and ...

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U.S. Court of Appeals for the Second Circuit- Suppression of Evidence – Warrantless Entry – Exigent Circumstances   United States v. Andino 13-3329-cr Judges Cabranes, Carney and Droney   Background: The government appealed from an order granting the defendant’s motion to ...

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Appellate Division, Fourth Department Suppression of Evidence Ineffective Assistance of Counsel People v. Fox KA 11-01597 Appealed from Ontario County Court Background: The defendant appealed from judgment convicting him of failing to register as a sex offender. The defendant claimed ...

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Appellate Division, Fourth Department Suppression of Evidence Reasonable Suspicion People v. Daniels KA 09-01287 Appealed from Monroe County Background: The defendant was convicted of third- and fifth-degree possession of a controlled substance. The defendant claimed that the cocaine in his ...

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Appellate Division, Fourth Department Suppression of Evidence Lawful Entry People v. Jones KA 09-00197 Appealed from Monroe County Court Background: The defendant pleaded guilty to criminal possession of a weapon. On appeal, he contended that County Court erred in refusing ...

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New York State Court of Appeals Suppression of Evidence Standing People v. Hunter No. 103 Memorandum Background: Following the trial court’s denial of the defendant’s request to suppress evidence from a warrantless search, the defendant was convicted for possession and ...

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U.S. District Court, WDNY ‘Habeas’ Review Suppression of Evidence Frazier v. Conway 09-cv-684 (MAT) Judge Telesca Background: The petitioner was convicted of attempted murder in the first degree, as well as criminal possession of a weapon. He was sentenced to ...

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Appellate Division, Fourth Department Suppression of Evidence Request for Information People v. Rodriguez KA 10-01100 Appealed from Erie County Court Background: The defendant was charged with weapons possession in connection with a disturbance outside a bar. His statement to another ...

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Appellate Division, Fourth Department Suppression of Evidence Guilty Plea People v. Ellis KA 08-01009 Appealed from Livingston County Court Background: The defendant pleaded guilty to first-degree course of sexual conduct against a child, but contended on appeal that his statements ...

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