People v. Kelly

Appellate Division of the Supreme Court of New York

People v. Kelly

41 A.D.2d 899, 342 N.Y.S.2d 1021, 1973 N.Y. App. Div. LEXIS 4747

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

DecidedApril 13, 1973

StatusPublished

This text of 41 A.D.2d 899 (People v. Kelly) 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. Kelly, 41 A.D.2d 899, 342 N.Y.S.2d 1021, 1973 N.Y. App. Div. LEXIS 4747 (N.Y. Ct. App. 1973).

Pincite

Opinion

Judgment unanimously reversed and indictment dismissed. Memorandum: Upon the appeal from a judgment of conviction upon a plea of guilty, we reserved decision, held the case and remitted the matter for further proceedings in accordance with a Memorandum (40 A D 2d 624). We are now informed by the District Attorney that the motion to suppress evidence was granted and that a conviction cannot be obtained without the suppressed evidence. Accordingly, the indictment should be dismissed. (Appeal from judgment of Monroe County Court convicting defendant of possession of gambling records, possession of weapons; resubmission following suppression hearing.) Present — Goldman, P. J., Del "Yecchio, Marsh, Witmer and Moule, JJ.

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Judgment unanimously reversed and indictment dismissed. Memorandum: Upon the appeal from a judgment of conviction upon a plea of guilty, we reserved decision, held the case and remitted the matter for further proceedings in accordance with a Memorandum (40 A D 2d 624). We are now informed by the District Attorney that the motion to suppress evidence was granted and that a conviction cannot be obtained without the suppressed evidence. Accordingly, the indictment should be dismissed. (Appeal from judgment of Monroe County Court convicting defendant of possession of gambling records, possession of weapons; resubmission following suppression hearing.) Present — Goldman, P. J., Del "Yecchio, Marsh, Witmer and Moule, JJ.

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Bluebook (online)

41 A.D.2d 899, 342 N.Y.S.2d 1021, 1973 N.Y. App. Div. LEXIS 4747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kelly-nyappdiv-1973.