People v. Cummings

Appellate Division of the Supreme Court of New York

People v. Cummings

30 A.D.2d 946, 293 N.Y.S.2d 1004, 1968 N.Y. App. Div. LEXIS 3224

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

DecidedOctober 8, 1968

StatusPublished

This text of 30 A.D.2d 946 (People v. Cummings) 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. Cummings, 30 A.D.2d 946, 293 N.Y.S.2d 1004, 1968 N.Y. App. Div. LEXIS 3224 (N.Y. Ct. App. 1968).

Pincite

Opinion

Determination of defendant’s appeal from a judgment of the Supreme Court, New York County, rendered May 10, 1965, convicting him, upon his plea of guilty, of the crime of attempted assault in the second degree, is withheld and the ease remitted for a further hearing on the motion to suppress evidence. There must be a further hearing on the motion to suppress at which the People, in order to prevail, will be under the burden of going forward with evidence to show that probable cause existed to make the arrest so as to render the search incident thereto proper. At such further hearing defense counsel shall be permitted to examine any prior statements or records of witnesses and to cross-examine the police witnesses who testified at the prior hearing. (People v. Malinsky, 15 N Y 2d 86; People v. Horowitz, 21 N Y 2d 55.) Concur—Botein, P. J., Stevens, Eager, Tilzer and Rabin, JJ.

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Determination of defendant’s appeal from a judgment of the Supreme Court, New York County, rendered May 10, 1965, convicting him, upon his plea of guilty, of the crime of attempted assault in the second degree, is withheld and the ease remitted for a further hearing on the motion to suppress evidence. There must be a further hearing on the motion to suppress at which the People, in order to prevail, will be under the burden of going forward with evidence to show that probable cause existed to make the arrest so as to render the search incident thereto proper. At such further hearing defense counsel shall be permitted to examine any prior statements or records of witnesses and to cross-examine the police witnesses who testified at the prior hearing. (People v. Malinsky, 15 N Y 2d 86; People v. Horowitz, 21 N Y 2d 55.) Concur—Botein, P. J., Stevens, Eager, Tilzer and Rabin, JJ.

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Bluebook (online)

30 A.D.2d 946, 293 N.Y.S.2d 1004, 1968 N.Y. App. Div. LEXIS 3224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cummings-nyappdiv-1968.