New York Court of Appeals, 1982

People v. Gonzalez

New York Court of Appeals · Decided February 9, 1982

55 N.Y.2d 887; 433 N.E.2d 1266; 449 N.Y.S.2d 18; 1982 N.Y. LEXIS 3093

Cases that cite this one

41 later published cases cite this decision. The 25 that cite it most often are listed here.

Carter v. Scully (District Court, S.D. New York 1982)
People v. Jones (Appellate Division of the Supreme Court of New York 2009)
The People v. Ramon Cabrera (N.Y. 2023)
People v. Abboud (Appellate Division of the Supreme Court of New York 2021)
The People v. Nadine Panton (N.Y. 2016)
TURNER, JESSIE A., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
People v. Turner (Appellate Division of the Supreme Court of New York 2012)
People v. Turner (Appellate Division of the Supreme Court of New York 2012)
B., DEMITRUS, MTR. OF (Appellate Division of the Supreme Court of New York 2011)
In re Demitrus B. (Appellate Division of the Supreme Court of New York 2011)
People v. Diggs (Appellate Division of the Supreme Court of New York 2004)
People v. Robinson (Appellate Division of the Supreme Court of New York 2004)
People v. King (Appellate Division of the Supreme Court of New York 2001)
People v. Chapman (Appellate Division of the Supreme Court of New York 2000)
People v. Serach (Appellate Division of the Supreme Court of New York 1998)
People v. Hallman (Appellate Division of the Supreme Court of New York 1997)
People v. Campbell (Appellate Division of the Supreme Court of New York 1995)
People v. Turner (Appellate Division of the Supreme Court of New York 1995)
People v. Smith (Appellate Division of the Supreme Court of New York 1995)
People v. Long (Appellate Division of the Supreme Court of New York 1993)
People v. Samull (Appellate Division of the Supreme Court of New York 1992)
People v. Brown (Appellate Division of the Supreme Court of New York 1992)
People v. Smythe (Appellate Division of the Supreme Court of New York 1991)
People v. Jones (Appellate Division of the Supreme Court of New York 1991)
People v. Sanchez (Appellate Division of the Supreme Court of New York 1991)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION of the court

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s motion to suppress was predicated on two grounds, to wit: (1) the lack of probable cause to sustain his arrest; and (2) the arresting officers’ failure to inform defendant of their purpose and authority as required by CPL 140.15 (subd 2). At no time before the suppression court did defendant raise the issue that the weapon should have been suppressed because his arrest was effected in his home without a warrant and in the absence of exigent circumstances. (See Payton v New York, 445 US 573.) By not raising that particular issue within the context of his initial motion to suppress, defendant has failed to preserve it for appellate review. (People v Martin, 50 NY2d 1029.) Therefore, we need not reach the question whether the rule announced by the Supreme Court in Payton v New York (supra) should be given retroactive effect so as to invalidate arrests made prior to the date of that decision.

We have considered defendant’s remaining contention and have found it to be without merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer concur; Judge Jones taking no part.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.