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People v. Ingram

967 N.E.2d 695, 18 N.Y.3d 948, 944 N.Y.S.2d 470, 2012 NY Slip Op 2340
CourtNew York Court of Appeals
DecidedMarch 29, 2012
Docket43
StatusPublished
Cited by67 cases

This text of 967 N.E.2d 695 (People v. Ingram) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ingram, 967 N.E.2d 695, 18 N.Y.3d 948, 944 N.Y.S.2d 470, 2012 NY Slip Op 2340 (N.Y. 2012).

Opinions

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and the matter remitted to Supreme Court for further proceedings in accordance with this memorandum.

CPL 470.15 (1) precludes the Appellate Division from reviewing an issue that was either decided in an appellant’s favor or was not decided by the trial court (see People v Concepcion, 17 NY3d 192 [2011]; People v LaFontaine, 92 NY2d 470 [1998]). In an appeal from an Appellate Division affirmance, CPL 470.35 (1) grants us no broader review power than that possessed by the Appellate Division. Here, without addressing the validity of Supreme Court’s rationale, the Appellate Division resolved defendant’s suppression application on a theory not reached by the suppression court.

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Cite This Page — Counsel Stack

Bluebook (online)
967 N.E.2d 695, 18 N.Y.3d 948, 944 N.Y.S.2d 470, 2012 NY Slip Op 2340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ingram-ny-2012.