People v. Aponte

Appellate Division of the Supreme Court of New York

People v. Aponte

193 A.D.2d 529, 598 N.Y.S.2d 937, 1993 N.Y. App. Div. LEXIS 5274

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

DecidedMay 25, 1993

StatusPublished

This text of 193 A.D.2d 529 (People v. Aponte) 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

People v. Aponte, 193 A.D.2d 529, 598 N.Y.S.2d 937, 1993 N.Y. App. Div. LEXIS 5274 (N.Y. Ct. App. 1993).

Pincite

Opinion

Appeal from a judgment, Supreme Court, Bronx County (David Stadtmauer, J., on summary denial of suppression motion and at trial and sentence), rendered March 24, 1991, convicting the defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentencing him as a second felony offender to an indeterminate term of 2 Vi to 5 years in prison, unanimously held in abeyance and the matter remitted for a Mapp hearing.

The People’s answer to the defendant’s omnibus suppression motion set forth a sufficient factual basis for the police search of the defendant. However, contrary to the finding of the hearing court, defense counsel’s affirmation contained sufficient factual allegations to warrant a hearing (CPL 710.60; People v Huggins, 162 AD2d 129; People v Miller, 162 AD2d 248, lv dismissed 76 NY2d 895). Therefore, summary denial of defendant’s suppression motion was improper in this particular instance. Concur—Murphy, P. J., Rosenberger, Ross, Asch and Kassal, JJ.

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Appeal from a judgment, Supreme Court, Bronx County (David Stadtmauer, J., on summary denial of suppression motion and at trial and sentence), rendered March 24, 1991, convicting the defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentencing him as a second felony offender to an indeterminate term of 2 Vi to 5 years in prison, unanimously held in abeyance and the matter remitted for a Mapp hearing.

The People’s answer to the defendant’s omnibus suppression motion set forth a sufficient factual basis for the police search of the defendant. However, contrary to the finding of the hearing court, defense counsel’s affirmation contained sufficient factual allegations to warrant a hearing (CPL 710.60; People v Huggins, 162 AD2d 129; People v Miller, 162 AD2d 248, lv dismissed 76 NY2d 895). Therefore, summary denial of defendant’s suppression motion was improper in this particular instance. Concur—Murphy, P. J., Rosenberger, Ross, Asch and Kassal, JJ.

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Bluebook (online)

193 A.D.2d 529, 598 N.Y.S.2d 937, 1993 N.Y. App. Div. LEXIS 5274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aponte-nyappdiv-1993.

Opinion

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