Home/New York Court of Appeals/People v. Battaglia

People v. Battaglia

655 N.E.2d 169, 86 N.Y.2d 755, 631 N.Y.S.2d 128, 1995 N.Y. LEXIS 2231
CourtNew York Court of Appeals
DecidedJuly 5, 1995
StatusPublished
Cited by48 cases

This text of 655 N.E.2d 169 (People v. Battaglia) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Battaglia, 655 N.E.2d 169, 86 N.Y.2d 755, 631 N.Y.S.2d 128, 1995 N.Y. LEXIS 2231 (N.Y. 1995).

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s vehicle was stopped by the police at 3:00 in the morning for proceeding the wrong way down a one-way street. The driver of the vehicle provided what the police rationally concluded was a false identification. In our view, this constitutes sufficient record support for the lower courts’ findings that the police possessed a founded suspicion of criminality justifying a common-law inquiry in the form of a request for defendant to consent to a search of the vehicle (People v Hollman, 79 NY2d 181, 191-192). Because this determination involves a mixed question of law and fact, beyond our power of review to the extent there is a finding below with record support (see, Matter of Gissette Angela P., 80 NY2d 863, 864), our review process is exhausted.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Turner
Appellate Division of the Supreme Court of New York, 2026
The People v. Victor Medina
New York Court of Appeals, 2023
People v. Wright-Hale
2020 NY Slip Op 1092 (Appellate Division of the Supreme Court of New York, 2020)
People v. Newson
2017 NY Slip Op 7752 (Appellate Division of the Supreme Court of New York, 2017)
People v. Peterkin
2017 NY Slip Op 6736 (Appellate Division of the Supreme Court of New York, 2017)
People v. Nunez (Luis)
Appellate Terms of the Supreme Court of New York, 2017
WIDEMAN, MICHAEL, PEOPLE v
Appellate Division of the Supreme Court of New York, 2014
People v. Wideman
121 A.D.3d 1514 (Appellate Division of the Supreme Court of New York, 2014)
People v. Mercado
120 A.D.3d 441 (Appellate Division of the Supreme Court of New York, 2014)
People v. Garcia
983 N.E.2d 259 (New York Court of Appeals, 2012)
People v. McLean
99 A.D.3d 1111 (Appellate Division of the Supreme Court of New York, 2012)
INGRAM, TECOY, PEOPLE v
Appellate Division of the Supreme Court of New York, 2011
People v. Ingram
81 A.D.3d 1277 (Appellate Division of the Supreme Court of New York, 2011)
People v. Francois
923 N.E.2d 583 (New York Court of Appeals, 2010)
People v. Blanco
67 A.D.3d 923 (Appellate Division of the Supreme Court of New York, 2009)
People v. Devone
57 A.D.3d 1240 (Appellate Division of the Supreme Court of New York, 2008)
People v. Jones
898 N.E.2d 21 (New York Court of Appeals, 2008)
People v. Dibble
43 A.D.3d 1363 (Appellate Division of the Supreme Court of New York, 2007)
People v. Ponder
43 A.D.3d 1398 (Appellate Division of the Supreme Court of New York, 2007)
People v. Leiva
33 A.D.3d 1021 (Appellate Division of the Supreme Court of New York, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
655 N.E.2d 169, 86 N.Y.2d 755, 631 N.Y.S.2d 128, 1995 N.Y. LEXIS 2231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-battaglia-ny-1995.