People v. Gary

Appellate Division of the Supreme Court of New York

People v. Gary

20 A.D.2d 550, 245 N.Y.S.2d 307, 1963 N.Y. App. Div. LEXIS 2770

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

DecidedDecember 9, 1963

StatusPublished

Cited by1 cases

This text of 20 A.D.2d 550 (People v. Gary) 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. Gary, 20 A.D.2d 550, 245 N.Y.S.2d 307, 1963 N.Y. App. Div. LEXIS 2770 (N.Y. Ct. App. 1963).

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Opinion

Appeal by each of the three defendants from a judgment of the former County Court, Queens County, rendered March 30, 1962 after a jury trial, convicting him of concealing and withholding stolen property as a felony (twro counts), and imposing sentence. Judgment affirmed as to each defendant. The motions to suppress evidence were denied without a statement of the facts or an opinion, as required in People v. Lombardi (18 A D 2d 177). We believe the practice enunciated in Lombardi should be followed in all applications decided by the trial court subsequent to the decision in that ease. In the instant case, however, the decision on the motions, and indeed the judgment of conviction, preceded the decision in Lombardi by some 14 and 12 months respectively. We therefore deemed it appropriate ourselves to undertake an examination of the record of the hearing on the motions, rather than to remit the motions for findings or an opinion. Our examination discloses that the evidence amply supported the Trial Justice’s [551]*551conclusion on the motions, namely: that the arrests were lawful and that the seizure as an incident thereto was also lawful (see People v. Lopez, 19 A D 2d 809). Beldock, P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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Appeal by each of the three defendants from a judgment of the former County Court, Queens County, rendered March 30, 1962 after a jury trial, convicting him of concealing and withholding stolen property as a felony (twro counts), and imposing sentence. Judgment affirmed as to each defendant. The motions to suppress evidence were denied without a statement of the facts or an opinion, as required in People v. Lombardi (18 A D 2d 177). We believe the practice enunciated in Lombardi should be followed in all applications decided by the trial court subsequent to the decision in that ease. In the instant case, however, the decision on the motions, and indeed the judgment of conviction, preceded the decision in Lombardi by some 14 and 12 months respectively. We therefore deemed it appropriate ourselves to undertake an examination of the record of the hearing on the motions, rather than to remit the motions for findings or an opinion. Our examination discloses that the evidence amply supported the Trial Justice’s [551]*551conclusion on the motions, namely: that the arrests were lawful and that the seizure as an incident thereto was also lawful (see People v. Lopez, 19 A D 2d 809). Beldock, P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.

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Bluebook (online)

20 A.D.2d 550, 245 N.Y.S.2d 307, 1963 N.Y. App. Div. LEXIS 2770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gary-nyappdiv-1963.

Opinion

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