People v. Nenni

Appellate Division of the Supreme Court of New York

People v. Nenni

261 A.D.2d 900, 689 N.Y.S.2d 912, 1999 N.Y. App. Div. LEXIS 4954

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

DecidedMay 7, 1999

StatusPublished

Cited by4 cases

This text of 261 A.D.2d 900 (People v. Nenni) 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. Nenni, 261 A.D.2d 900, 689 N.Y.S.2d 912, 1999 N.Y. App. Div. LEXIS 4954 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Case held, decision reserved and matter remitted to Orleans County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying defendant’s suppression motion without conducting a hearing. Defendant’s omnibus motion, which was argued before a different Judge, contained sworn statements that the evidence seized should be suppressed because the police lacked probable cause to stop the vehicle in which he was a passenger. The People denied defendant’s allegations and indicated that they were prepared to proceed with a hearing (see, CPL 710.60 [3], [4]; People v Youngblood, 210 AD2d 948). The Judge before whom the motion was argued orally granted defendant’s request for a hear[901]*901ing, and thus his decision constitutes the law of the case (see, People v Broome, 151 AD2d 995; People v Johnson, 131 AD2d 696, 697, Iv denied 70 NY2d 713). In any event, the successor Judge, who was not present for oral argument, was precluded from deciding the motion (see, Judiciary Law § 21; People v Cameron, 194 AD2d 438; People v Hooper, 22 AD2d 1006). Furthermore, the court erred in relying on the Grand Jury minutes in determining that a hearing was not necessary (see, People v Letts, 156 AD2d 868, 869). We therefore hold the case, reserve decision and remit the matter to Orleans County Court for a suppression hearing. (Appeal from Judgment of Orleans County Court, Hannigan, J. — Robbery, 2nd Degree.) Present— Green, J. P., Lawton, Pigott, Jr., Scudder and Balio, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Case held, decision reserved and matter remitted to Orleans County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying defendant’s suppression motion without conducting a hearing. Defendant’s omnibus motion, which was argued before a different Judge, contained sworn statements that the evidence seized should be suppressed because the police lacked probable cause to stop the vehicle in which he was a passenger. The People denied defendant’s allegations and indicated that they were prepared to proceed with a hearing (see, CPL 710.60 [3], [4]; People v Youngblood, 210 AD2d 948). The Judge before whom the motion was argued orally granted defendant’s request for a hear[901]*901ing, and thus his decision constitutes the law of the case (see, People v Broome, 151 AD2d 995; People v Johnson, 131 AD2d 696, 697, Iv denied 70 NY2d 713). In any event, the successor Judge, who was not present for oral argument, was precluded from deciding the motion (see, Judiciary Law § 21; People v Cameron, 194 AD2d 438; People v Hooper, 22 AD2d 1006). Furthermore, the court erred in relying on the Grand Jury minutes in determining that a hearing was not necessary (see, People v Letts, 156 AD2d 868, 869). We therefore hold the case, reserve decision and remit the matter to Orleans County Court for a suppression hearing. (Appeal from Judgment of Orleans County Court, Hannigan, J. — Robbery, 2nd Degree.) Present— Green, J. P., Lawton, Pigott, Jr., Scudder and Balio, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

261 A.D.2d 900, 689 N.Y.S.2d 912, 1999 N.Y. App. Div. LEXIS 4954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nenni-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack