People v. Reedus

Appellate Division of the Supreme Court of New York

People v. Reedus

283 A.D.2d 1012, 724 N.Y.S.2d 394, 2001 N.Y. App. Div. LEXIS 4670

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

DecidedMay 2, 2001

StatusPublished

This text of 283 A.D.2d 1012 (People v. Reedus) 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. Reedus, 283 A.D.2d 1012, 724 N.Y.S.2d 394, 2001 N.Y. App. Div. LEXIS 4670 (N.Y. Ct. App. 2001).

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Opinion

—Judgment unani[1013]*1013mously reversed on the law, motion to suppress granted and indictment dismissed. Memorandum: Defendant appeals from a judgment convicting her after a jury trial of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]). As the People properly concede, County Court should have granted defendant’s motion to suppress the contraband seized by the police because it was not in plain view (see, People v Diaz, 81 NY2d 106, 110-111; People v Robinson, 144 AD2d 960, 960-961). We therefore reverse the judgment of conviction, grant the motion to suppress and dismiss the indictment. (Appeal from Judgment of Erie County Court, Rogowski, J. — Criminal Possession Controlled Substance, 5th Degree.) Present — Pine, J. P., Hayes, Wisner, Kehoe and Burns, JJ.

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—Judgment unani[1013]*1013mously reversed on the law, motion to suppress granted and indictment dismissed. Memorandum: Defendant appeals from a judgment convicting her after a jury trial of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]). As the People properly concede, County Court should have granted defendant’s motion to suppress the contraband seized by the police because it was not in plain view (see, People v Diaz, 81 NY2d 106, 110-111; People v Robinson, 144 AD2d 960, 960-961). We therefore reverse the judgment of conviction, grant the motion to suppress and dismiss the indictment. (Appeal from Judgment of Erie County Court, Rogowski, J. — Criminal Possession Controlled Substance, 5th Degree.) Present — Pine, J. P., Hayes, Wisner, Kehoe and Burns, JJ.

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Bluebook (online)

283 A.D.2d 1012, 724 N.Y.S.2d 394, 2001 N.Y. App. Div. LEXIS 4670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reedus-nyappdiv-2001.

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