People v. Roberts

Appellate Division of the Supreme Court of New York

People v. Roberts

81 A.D.2d 674, 441 N.Y.S.2d 408, 1981 N.Y. App. Div. LEXIS 11213

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

DecidedApril 27, 1981

StatusPublished

This text of 81 A.D.2d 674 (People v. Roberts) 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. Roberts, 81 A.D.2d 674, 441 N.Y.S.2d 408, 1981 N.Y. App. Div. LEXIS 11213 (N.Y. Ct. App. 1981).

Pincite

Opinion

— Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered January 5, 1979, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress certain evidence. Judgment reversed, on the law, and plea vacated; the denial of defendant’s motion to suppress is vacated and the “motion [is] restored to pending status in order that the issue of [the] legality” of his detention, if any, can be fully explored (see People v Misuis, 47 NY2d 979, 981; Dunaway v New York, 442 US 200). The instant appeal is governed, as the People concede, by this court’s prior disposition of appeals by appellant’s codefendants in People v Specks (77 AD2d 669) and People v King (79 AD2d 1033). Therefore a new suppression hearing is mandated. Hopkins, J. P., Mangano, Rabin and Weinstein, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered January 5, 1979, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress certain evidence. Judgment reversed, on the law, and plea vacated; the denial of defendant’s motion to suppress is vacated and the “motion [is] restored to pending status in order that the issue of [the] legality” of his detention, if any, can be fully explored (see People v Misuis, 47 NY2d 979, 981; Dunaway v New York, 442 US 200). The instant appeal is governed, as the People concede, by this court’s prior disposition of appeals by appellant’s codefendants in People v Specks (77 AD2d 669) and People v King (79 AD2d 1033). Therefore a new suppression hearing is mandated. Hopkins, J. P., Mangano, Rabin and Weinstein, JJ., concur.

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Bluebook (online)

81 A.D.2d 674, 441 N.Y.S.2d 408, 1981 N.Y. App. Div. LEXIS 11213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-roberts-nyappdiv-1981.

Opinion

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