New York Court of Appeals, 1985

People v. Vasquez

New York Court of Appeals · Decided December 17, 1985

66 N.Y.2d 968; 489 N.E.2d 757; 498 N.Y.S.2d 788; 1985 N.Y. LEXIS 18256

Cases that cite this one

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

State v. Mandel (N.J. Super. Ct. App. Div. 2018)
People v. Elam (Appellate Division of the Supreme Court of New York 1992)
People v. Grimes (Appellate Division of the Supreme Court of New York 2020)
People v. Cardillo (Frank) (Appellate Terms of the Supreme Court of New York 2019)
People v. Waters (Appellate Division of the Supreme Court of New York 2018)
STATE OF NEW JERSEY VS. STEPHEN MANDEL (16-067, MONMOUTH COUNTY AND STATEWIDE) (N.J. Super. Ct. App. Div. 2018)
People v. Nelson (Appellate Division of the Supreme Court of New York 2017)
People v. John (N.Y. 2016)
People v. Fowler (Appellate Division of the Supreme Court of New York 2012)
People v. Fowler (Appellate Division of the Supreme Court of New York 2012)
People v. Bradshaw (Appellate Division of the Supreme Court of New York 2010)
People v. Thompson (Appellate Division of the Supreme Court of New York 2006)
People v. Rogers (Appellate Division of the Supreme Court of New York 2006)
People v. Reed (Appellate Division of the Supreme Court of New York 2006)
People v. Aliseo (Appellate Division of the Supreme Court of New York 2005)
People v. Kendricks (Appellate Division of the Supreme Court of New York 2005)
People v. Carr (Appellate Division of the Supreme Court of New York 2005)
People v. Davenport (Appellate Division of the Supreme Court of New York 2004)
People v. Peart (Appellate Division of the Supreme Court of New York 2001)
People v. Jurgensen (Appellate Division of the Supreme Court of New York 2001)
People v. Garcia (Appellate Division of the Supreme Court of New York 2000)
People v. Morales (Appellate Division of the Supreme Court of New York 1998)
People v. Santana (Appellate Division of the Supreme Court of New York 1997)
People v. Murray (Appellate Division of the Supreme Court of New York 1995)
People v. Damaceno (Appellate Division of the Supreme Court of New York 1995)

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.

*970While defendant on this appeal complains that the police officer, by leaning into the car through an open window, violated his Fourth Amendment rights, the question presented to the suppression court, and ruled on by that court, was whether defendant’s rights were violated by the officer’s opening of the car door and reaching into the automobile to recover a weapon. Defendant’s failure to preserve his present argument, by specifically placing it for disposition before the suppression court, leaves no basis for our review. Defendant’s alternative contention, that he should not have been charged with possession of the guns because he was outside the car when they were found, has been waived by his guilty plea.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.

Order affirmed in a memorandum.

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