Brenon v. State

Appellate Division of the Supreme Court of New York

Brenon v. State

31 A.D.2d 776, 297 N.Y.S.2d 88, 1969 N.Y. App. Div. LEXIS 4826

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 9, 1969

DocketClaim No. 45809

StatusPublished

Cited by4 cases

This text of 31 A.D.2d 776 (Brenon v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brenon v. State, 31 A.D.2d 776, 297 N.Y.S.2d 88, 1969 N.Y. App. Div. LEXIS 4826 (N.Y. Ct. App. 1969).

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Opinion

Judgment unanimously reversed on the law and facts, [777]*777without costs, and claim dismissed. Memorandum: The trial count erred in holding that the determination of the City Court of Rome suppressing property removed by the officers from claimant’s home was res jtidieata upon it. The extent of the proof required on the suppression hearing differed from that needed in this civil action, and the City Court order was not res judicata, herein (Schindler v. Royal Ins. Co., 258 N. Y. 310, 312-313; Massey v. Meurer, 25 A D 2d 729; Richardson, Evidence [9th ed.], § 369, p. 353). The issue as to whether claimant consented to the entry of the officers into her home and to the removal of the two items of supplies was fully tried, and the court should have determined it. The record shows that the State sustained its burden of proving by a preponderance of the evidence that the claimant did consent and that there was no illegal search and seizure. (Appeal from judgment of Court of Claims in action for damages for illegal search and seizure.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Witmer, JJ.

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Judgment unanimously reversed on the law and facts, [777]*777without costs, and claim dismissed. Memorandum: The trial count erred in holding that the determination of the City Court of Rome suppressing property removed by the officers from claimant’s home was res jtidieata upon it. The extent of the proof required on the suppression hearing differed from that needed in this civil action, and the City Court order was not res judicata, herein (Schindler v. Royal Ins. Co., 258 N. Y. 310, 312-313; Massey v. Meurer, 25 A D 2d 729; Richardson, Evidence [9th ed.], § 369, p. 353). The issue as to whether claimant consented to the entry of the officers into her home and to the removal of the two items of supplies was fully tried, and the court should have determined it. The record shows that the State sustained its burden of proving by a preponderance of the evidence that the claimant did consent and that there was no illegal search and seizure. (Appeal from judgment of Court of Claims in action for damages for illegal search and seizure.) Present — Bastow, P. J., Goldman, Del Vecchio, Marsh and Witmer, JJ.

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Bluebook (online)

31 A.D.2d 776, 297 N.Y.S.2d 88, 1969 N.Y. App. Div. LEXIS 4826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brenon-v-state-nyappdiv-1969.

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