Hynes v. Hall

Appellate Division of the Supreme Court of New York

Hynes v. Hall

240 A.D.2d 746, 660 N.Y.S.2d 1001, 1997 N.Y. App. Div. LEXIS 7174

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

DecidedJune 30, 1997

StatusPublished

Cited by4 cases

This text of 240 A.D.2d 746 (Hynes v. Hall) 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.

Bluebook

Hynes v. Hall, 240 A.D.2d 746, 660 N.Y.S.2d 1001, 1997 N.Y. App. Div. LEXIS 7174 (N.Y. Ct. App. 1997).

Pincite

Opinion

Proceeding pursuant to CPLR article 78 to prohibit the enforcement of an order of the Supreme Court, Kings County (Hall, J.), dated November 27, 1996, which, in a criminal action entitled People v Almonte under Kings County Indictment No. 15059/96, granted the pre-indictment application of the defendant therein, Juan Almonte, Jr., inter alia, which was to direct that the District Attorney, the New York City Police Department, and the Office of the Chief Medical Examiner preserve and refrain from destroying, altering, etc., evidence in the case, to the extent that the above-named agencies were directed not to initiate or continue forensic testing of such evidence, immediately inform the court that testing of a particular item will entirely consume or alter the particular item, and not initiate or continue to subject the particular item to forensic testing unless given express permission by the court.

Adjudged that the petition is granted, without costs or disbursements, and the enforcement of the order of the Supreme Court, Kings County, is prohibited (see, Matter of Pirro v LaCava, 230 AD2d 909; Matter of Catterson v Jones, 233 AD2d 502). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

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

Proceeding pursuant to CPLR article 78 to prohibit the enforcement of an order of the Supreme Court, Kings County (Hall, J.), dated November 27, 1996, which, in a criminal action entitled People v Almonte under Kings County Indictment No. 15059/96, granted the pre-indictment application of the defendant therein, Juan Almonte, Jr., inter alia, which was to direct that the District Attorney, the New York City Police Department, and the Office of the Chief Medical Examiner preserve and refrain from destroying, altering, etc., evidence in the case, to the extent that the above-named agencies were directed not to initiate or continue forensic testing of such evidence, immediately inform the court that testing of a particular item will entirely consume or alter the particular item, and not initiate or continue to subject the particular item to forensic testing unless given express permission by the court.

Adjudged that the petition is granted, without costs or disbursements, and the enforcement of the order of the Supreme Court, Kings County, is prohibited (see, Matter of Pirro v LaCava, 230 AD2d 909; Matter of Catterson v Jones, 233 AD2d 502). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

240 A.D.2d 746, 660 N.Y.S.2d 1001, 1997 N.Y. App. Div. LEXIS 7174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hynes-v-hall-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack