People v. Jones

Appellate Division of the Supreme Court of New York

People v. Jones

47 A.D.2d 662, 364 N.Y.S.2d 40, 1975 N.Y. App. Div. LEXIS 8860

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

DecidedFebruary 18, 1975

StatusPublished

This text of 47 A.D.2d 662 (People v. Jones) 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. Jones, 47 A.D.2d 662, 364 N.Y.S.2d 40, 1975 N.Y. App. Div. LEXIS 8860 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 12, 1972, convicting him of criminal possession of a dangerous drug in the sixth degree, upon his guilty plea, and imposing sentence. The appeal also brings up for review an order of the same court, dated October 3, 1972, which denied a suppression motion, after a hearing. Judgment and order reversed, on the law and the facts, motion to suppress evidence granted, and indictment dismissed. As in People v. Timer (45 A D 2d 749), the credible evidence idid not support the finding that the Contraband was in open view. Thus, there was no probable cause for defendant’s arrest. The evidence seized in the subsequent warrantless search should therefore have been suppressed. Martuscello, Acting P. J., Cohalan, Christ, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 12, 1972, convicting him of criminal possession of a dangerous drug in the sixth degree, upon his guilty plea, and imposing sentence. The appeal also brings up for review an order of the same court, dated October 3, 1972, which denied a suppression motion, after a hearing. Judgment and order reversed, on the law and the facts, motion to suppress evidence granted, and indictment dismissed. As in People v. Timer (45 A D 2d 749), the credible evidence idid not support the finding that the Contraband was in open view. Thus, there was no probable cause for defendant’s arrest. The evidence seized in the subsequent warrantless search should therefore have been suppressed. Martuscello, Acting P. J., Cohalan, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

47 A.D.2d 662, 364 N.Y.S.2d 40, 1975 N.Y. App. Div. LEXIS 8860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jones-nyappdiv-1975.