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People v. Petralia

93 A.D.2d 842, 460 N.Y.S.2d 1019, 1983 N.Y. App. Div. LEXIS 17700
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 11, 1983
StatusPublished

This text of 93 A.D.2d 842 (People v. Petralia) 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. Petralia, 93 A.D.2d 842, 460 N.Y.S.2d 1019, 1983 N.Y. App. Div. LEXIS 17700 (N.Y. Ct. App. 1983).

Opinion

— Appeal by the People from an order of the Supreme Court, Queens County (Eiber, J.), dated December 3, 1981, which, after a hearing, granted defendant’s motion to suppress physical evidence. Order affirmed. The People concede that affirmance is mandated by this court’s prior decisions in People v Delgado (79 AD2d 976) and People v Petro (83 AD2d 566, app dsmd 56 NY2d 782), but urge that this court overrule those decisions. The holding in those cases followed the reasoning set forth by the Court of Appeals in People v Havelka (45 NY2d 636) and People v Lypka (36 NY2d 210), and has been followed by subsequent decisions of this court (see, e.g., People v Calderon, 88 AD2d 604; People v Green, 87 AD2d 892). Accordingly, we affirm the order of suppression. Gibbons, J. P., Thompson, Bracken and Niehoff, JJ., concur.

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Related

People v. Lypka
326 N.E.2d 294 (New York Court of Appeals, 1975)
People v. Havelka
384 N.E.2d 1269 (New York Court of Appeals, 1978)
People v. Petro
437 N.E.2d 284 (New York Court of Appeals, 1982)
People v. Delgado
79 A.D.2d 976 (Appellate Division of the Supreme Court of New York, 1981)
People v. Petro
83 A.D.2d 566 (Appellate Division of the Supreme Court of New York, 1981)
People v. Green
87 A.D.2d 892 (Appellate Division of the Supreme Court of New York, 1982)
People v. Calderon
88 A.D.2d 604 (Appellate Division of the Supreme Court of New York, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
93 A.D.2d 842, 460 N.Y.S.2d 1019, 1983 N.Y. App. Div. LEXIS 17700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-petralia-nyappdiv-1983.