People v. Burks

Appellate Division of the Supreme Court of New York

People v. Burks

127 A.D.2d 674, 511 N.Y.S.2d 784, 1987 N.Y. App. Div. LEXIS 43162

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

DecidedFebruary 9, 1987

StatusPublished

This text of 127 A.D.2d 674 (People v. Burks) 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. Burks, 127 A.D.2d 674, 511 N.Y.S.2d 784, 1987 N.Y. App. Div. LEXIS 43162 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the People from an order of the Supreme Court, Westchester County (Delaney, J.), dated April [675]*6753, 1984, which, after a hearing, granted those branches of the defendants’ omnibus motions which were to suppress certain evidence.

Ordered that the order is affirmed.

The hearing court correctly determined that the order directing the defendant Burks back into his car was a seizure not based upon a reasonable suspicion and was therefore improper (see, People v Harrison, 57 NY2d 470). Further, as it is clear from the facts in the record that all of the defendants were effectively seized at that point, the court properly granted those branches of their motions which were to suppress evidence. Mollen, P. J., Thompson, Brown and Niehoff, JJ., concur.

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Appeal by the People from an order of the Supreme Court, Westchester County (Delaney, J.), dated April [675]*6753, 1984, which, after a hearing, granted those branches of the defendants’ omnibus motions which were to suppress certain evidence.

Ordered that the order is affirmed.

The hearing court correctly determined that the order directing the defendant Burks back into his car was a seizure not based upon a reasonable suspicion and was therefore improper (see, People v Harrison, 57 NY2d 470). Further, as it is clear from the facts in the record that all of the defendants were effectively seized at that point, the court properly granted those branches of their motions which were to suppress evidence. Mollen, P. J., Thompson, Brown and Niehoff, JJ., concur.

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Bluebook (online)

127 A.D.2d 674, 511 N.Y.S.2d 784, 1987 N.Y. App. Div. LEXIS 43162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burks-nyappdiv-1987.

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