New York Court of Appeals, 1986

People v. James

New York Court of Appeals · Decided February 4, 1986

67 N.Y.2d 662; 499 N.Y.S.2d 670; 490 N.E.2d 537; 1986 N.Y. LEXIS 17074

Cases that cite this one

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

Massillon v. Conway (District Court, S.D. New York 2008)
People v. Wilson (N.Y. 2005)
People v. Roberts (Appellate Division of the Supreme Court of New York 1991)
People v. Millan (N.Y. 1987)
People v. Shippens (Appellate Division of the Supreme Court of New York 1986)
People v. Esperanza (Appellate Division of the Supreme Court of New York 2022)
People v. Esperanza (Appellate Division of the Supreme Court of New York 2022)
VANDEMORTEL, DARRELL W., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Vandemortel (Appellate Division of the Supreme Court of New York 2014)
People v. Vandemortel (Appellate Division of the Supreme Court of New York 2014)
People v. Carnevale (Appellate Division of the Supreme Court of New York 2012)
People v. Carnevale (Appellate Division of the Supreme Court of New York 2012)
People v. McCray (Appellate Division of the Supreme Court of New York 2009)
People v. Allah (Appellate Division of the Supreme Court of New York 2008)
People v. Alexander (Appellate Division of the Supreme Court of New York 2007)
People v. Chacon (Appellate Division of the Supreme Court of New York 2004)
People v. Sneddon (Appellate Division of the Supreme Court of New York 2001)
People v. Smith (Appellate Division of the Supreme Court of New York 2001)
Rose v. Montt Assets, Inc. (Appellate Terms of the Supreme Court of New York 2000)
People v. Vandenburg (Appellate Division of the Supreme Court of New York 1998)
People v. Gethers (N.Y. 1995)
People v. Barnes (Appellate Division of the Supreme Court of New York 1994)
People v. Quinones (New York Supreme Court 1994)
In re Moises O. (Appellate Division of the Supreme Court of New York 1993)
People v. Holder (Appellate Division of the Supreme Court of New York 1993)

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.

In view of the Appellate Division’s conclusion, not challenged by the People on this appeal, that the victim’s testimony as to his identification of the defendant at the precinct should have been suppressed, the in-court identification by the victim was also improperly admitted as there was no evidence at the suppression hearing of an independent source for it. The Appellate Division properly noted that it may not make its own finding of an independent source based upon trial testimony (see, People v Dodt, 61 NY2d 408, 417; see also, People v Wilkins, 65 NY2d 172; People v Gonzalez, 55 NY2d 720, cert denied 456 US 1010).

The Appellate Division also properly reversed the defendant’s conviction of criminal possession of stolen property in the first degree and dismissed that count of the indictment. The only evidence before the jury as to the value of the car, a 1975 Chevrolet, at the time defendant possessed it (Oct. 1980), *665was the owner’s testimony that he had purchased it approximately one year prior to that date for $2,600 and had used it during that year as a "gypsy cab”. We agree with the majority below that this evidence was insufficient as a matter of law to establish that the value of the car exceeded $1,500 at the time it was stolen.

Chief Judge Wachtler and Judges Meyer, Simons, Kaye and Alexander concur; Judges Titone and Hancock, Jr., taking no part.

Order affirmed in a memorandum.

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