People v. Benjamin

Appellate Division of the Supreme Court of New York

People v. Benjamin

80 A.D.2d 587, 437 N.Y.S.2d 934, 1981 N.Y. App. Div. LEXIS 10266

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

DecidedFebruary 9, 1981

StatusPublished

This text of 80 A.D.2d 587 (People v. Benjamin) 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. Benjamin, 80 A.D.2d 587, 437 N.Y.S.2d 934, 1981 N.Y. App. Div. LEXIS 10266 (N.Y. Ct. App. 1981).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 22, 1978, convicting him of criminal possession of a weapon in the third degree, upon a plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress certain evidence. By order dated August 6, 1979 this court reversed the judgment, on the law, granted the motion to suppress and dismissed the indictment (People v Benjamin, 71 AD2d 857). On November 18, 1980 the Court of Appeals reversed the order of this court and remitted the case to this court for consideration of the facts (51 NY2d 267). Judgment affirmed. (See People v De Jesus, 55 AD2d 196.) Titone, J.P., Mangano, Cohalan and Margett, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 22, 1978, convicting him of criminal possession of a weapon in the third degree, upon a plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress certain evidence. By order dated August 6, 1979 this court reversed the judgment, on the law, granted the motion to suppress and dismissed the indictment (People v Benjamin, 71 AD2d 857). On November 18, 1980 the Court of Appeals reversed the order of this court and remitted the case to this court for consideration of the facts (51 NY2d 267). Judgment affirmed. (See People v De Jesus, 55 AD2d 196.) Titone, J.P., Mangano, Cohalan and Margett, JJ., concur.

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Bluebook (online)

80 A.D.2d 587, 437 N.Y.S.2d 934, 1981 N.Y. App. Div. LEXIS 10266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benjamin-nyappdiv-1981.

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