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People v. Shepherd

500 N.E.2d 871, 68 N.Y.2d 841, 508 N.Y.S.2d 173, 1986 N.Y. LEXIS 21234
CourtNew York Court of Appeals
DecidedOctober 9, 1986
StatusPublished
Cited by4 cases

This text of 500 N.E.2d 871 (People v. Shepherd) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Shepherd, 500 N.E.2d 871, 68 N.Y.2d 841, 508 N.Y.S.2d 173, 1986 N.Y. LEXIS 21234 (N.Y. 1986).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the County Court should be reversed, the order [843]*843of the Town Court granting defendant’s motion to suppress vacated, and the case remitted to Brighton Town Court for further proceedings on the motion.

The Brighton Town Court could not lawfully exercise its jurisdiction outside the Town of Brighton (UJCA 106 [1]; Siegel, Practice Commentary, McKinney’s Cons Laws of NY, Book 29A, Part 2, UJCA 106, 1986 Cum Ann Pocket Part, p 168). Although the People consented to holding the proceeding outside the town, UJCA 106 (1) is a jurisdictional limitation which is not susceptible to waiver.

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur in memorandum.

Order of the County Court reversed, etc.

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Related

People v. Cobb
192 Misc. 2d 309 (New York County Courts, 2002)
People v. Craig
151 Misc. 2d 442 (New York Supreme Court, 1992)
People v. Amores
143 Misc. 2d 527 (Criminal Court of the City of New York, 1989)
Informal Opinion No.
New York Attorney General Reports, 1988

Cite This Page — Counsel Stack

Bluebook (online)
500 N.E.2d 871, 68 N.Y.2d 841, 508 N.Y.S.2d 173, 1986 N.Y. LEXIS 21234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shepherd-ny-1986.