People v. Bacon

Appellate Division of the Supreme Court of New York

People v. Bacon

6 A.D.3d 241, 774 N.Y.S.2d 332, 2004 N.Y. App. Div. LEXIS 4521

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

DecidedApril 15, 2004

StatusPublished

This text of 6 A.D.3d 241 (People v. Bacon) 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. Bacon, 6 A.D.3d 241, 774 N.Y.S.2d 332, 2004 N.Y. App. Div. LEXIS 4521 (N.Y. Ct. App. 2004).

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Opinion

Appeal from judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 30, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, held in abeyance, and the matter remanded to Supreme Court, New York County, for a hearing on defendant’s motion to suppress evidence.

Defendant’s motion papers were sufficient to raise a question of fact as to the basis for his arrest (see People v Hightower, 85 NY2d 988 [1995]), specifically the issue of whether the arresting officer knew of the existence of an outstanding New York County warrant for defendant’s arrest. Concur—Buckley, P.J., Tom, Sullivan and Williams, JJ.

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Appeal from judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 30, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, held in abeyance, and the matter remanded to Supreme Court, New York County, for a hearing on defendant’s motion to suppress evidence.

Defendant’s motion papers were sufficient to raise a question of fact as to the basis for his arrest (see People v Hightower, 85 NY2d 988 [1995]), specifically the issue of whether the arresting officer knew of the existence of an outstanding New York County warrant for defendant’s arrest. Concur—Buckley, P.J., Tom, Sullivan and Williams, JJ.

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Bluebook (online)

6 A.D.3d 241, 774 N.Y.S.2d 332, 2004 N.Y. App. Div. LEXIS 4521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bacon-nyappdiv-2004.

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