People v. Feliciano

Appellate Division of the Supreme Court of New York

People v. Feliciano

25 A.D.2d 601, 269 N.Y.S.2d 389, 1966 N.Y. App. Div. LEXIS 4922

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

DecidedFebruary 17, 1966

StatusPublished

This text of 25 A.D.2d 601 (People v. Feliciano) 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. Feliciano, 25 A.D.2d 601, 269 N.Y.S.2d 389, 1966 N.Y. App. Div. LEXIS 4922 (N.Y. Ct. App. 1966).

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Opinion

-Judgment unanimously reversed and indictment dismissed. Memorandum: Following argument and submission of this appeal an intermediate order denying a motion to suppress certain evidence was reversed and that pretrial proceeding remanded to Erie County Court (23 A D 2d 806). Thereafter, an order was made 'by County Court suppressing the evidence upon a finding that the search warrant was invalid. The court is informed by the District Attorney that he does not seek a review of the correctness of that determination. He further concedes that in the absence of the suppressed evidence a new trial would be futile. (Appeal from judgment of Erie County Court convicting defendant of contriving a lottery in violation of sections 1370 and 1372 of the Penal Law, and possession of policy slips in violation of section 975 of the Penal Law.)

Present — Williams, P. J., Bastow, Henry and Del Vecehio, JJ.

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-Judgment unanimously reversed and indictment dismissed. Memorandum: Following argument and submission of this appeal an intermediate order denying a motion to suppress certain evidence was reversed and that pretrial proceeding remanded to Erie County Court (23 A D 2d 806). Thereafter, an order was made 'by County Court suppressing the evidence upon a finding that the search warrant was invalid. The court is informed by the District Attorney that he does not seek a review of the correctness of that determination. He further concedes that in the absence of the suppressed evidence a new trial would be futile. (Appeal from judgment of Erie County Court convicting defendant of contriving a lottery in violation of sections 1370 and 1372 of the Penal Law, and possession of policy slips in violation of section 975 of the Penal Law.)

Present — Williams, P. J., Bastow, Henry and Del Vecehio, JJ.

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Bluebook (online)

25 A.D.2d 601, 269 N.Y.S.2d 389, 1966 N.Y. App. Div. LEXIS 4922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-feliciano-nyappdiv-1966.