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State Courts -
New York - January 16, 2007
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People v. Holmes, 2005-00897, (Ind. No. 10223/04),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Police officer was justified in removing a plastic bag containing clumped together cocaine from defendant's jacket sleeve because the officer had information that a third robber, who was possibly armed, was at large and when the officer did a pat-down frisk of defendant, he could not determine if the hard object he felt was a weapon or not.
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People v. Jenkins, 5, Ind. 1403/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 16, 2007, Decided , January 16, 2007, Entered
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People v. Martin, 2003-01809, (Ind. No. 8305/01),
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT, January 16, 2007, Decided
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Overview: Record did not support the contention that defendant conceded the element that an arresting officer was engaged in a lawful duty at the time of defendant's alleged assault, and because the court's charge removed that element from the jury's consideration, defendant was entitled to a new trial.
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