People v. Statler

Appellate Division of the Supreme Court of New York

People v. Statler

46 A.D.2d 693, 360 N.Y.S.2d 272, 1974 N.Y. App. Div. LEXIS 3826

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

DecidedOctober 28, 1974

StatusPublished

This text of 46 A.D.2d 693 (People v. Statler) 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. Statler, 46 A.D.2d 693, 360 N.Y.S.2d 272, 1974 N.Y. App. Div. LEXIS 3826 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 11, 1972, convicting him of criminal possession of a dangerous drug in the sixth degree as a misdemeanor, upon a plea of guilty, and imposing sentence. ■ The appeal brings up for review a prior order of the same court, dated October 26, 1972, which denied defendant’s motion to suppress the physical evidence, after a hearing. Judgment and order reversed, on the law and the facts, motion to suppress evidence granted and indictment dismissed. On the motion to suppress evidence, the People failed to justify the initial seizure of a bag of marijuana and therefore failed to establish probable cause for the subsequent search and seizure of a marijuana cigarette and a lump of “hash”. Shapiro, Acting P. J., Cohalan, Christ,Brennan and Benjamin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered December 11, 1972, convicting him of criminal possession of a dangerous drug in the sixth degree as a misdemeanor, upon a plea of guilty, and imposing sentence. ■ The appeal brings up for review a prior order of the same court, dated October 26, 1972, which denied defendant’s motion to suppress the physical evidence, after a hearing. Judgment and order reversed, on the law and the facts, motion to suppress evidence granted and indictment dismissed. On the motion to suppress evidence, the People failed to justify the initial seizure of a bag of marijuana and therefore failed to establish probable cause for the subsequent search and seizure of a marijuana cigarette and a lump of “hash”. Shapiro, Acting P. J., Cohalan, Christ,Brennan and Benjamin, JJ., concur.

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Bluebook (online)

46 A.D.2d 693, 360 N.Y.S.2d 272, 1974 N.Y. App. Div. LEXIS 3826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-statler-nyappdiv-1974.