People v. Anthony
This text of 60 A.D.2d 994 (People v. Anthony) 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.
Opinion
Judgment unanimously affirmed. Memorandum: Six defendants appeal the denial without a hearing of motions to dismiss the indictments against them in the interest of justice (CPL 210.20, subd 1, par [i]; 210.40, subd 1). Affirmance of the order is supported by Hampton v United States (425 US 484) and United States v Russell (411 US 423) and we find no allegation warranting a hearing on the motions (CPL 210.45, subd 5, par [a]). If there was police misconduct in the investigations leading to defendants’ indictments, it is a matter for separate discipline or prosecution (see United States v Russell, supra; People v Belkota, 50 AD2d 118). (Appeal from judgment of Erie County Court—conspiracy, first degree, etc.) Present—Marsh, P. J., Moule, Simons and Witmer, JJ.
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Cite This Page — Counsel Stack
60 A.D.2d 994, 401 N.Y.S.2d 652, 1978 N.Y. App. Div. LEXIS 10070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-anthony-nyappdiv-1978.