People v. Whitehead

Appellate Division of the Supreme Court of New York

People v. Whitehead

152 A.D.2d 866, 544 N.Y.S.2d 505, 1989 N.Y. App. Div. LEXIS 10272

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

DecidedJuly 20, 1989

StatusPublished

Cited by1 cases

This text of 152 A.D.2d 866 (People v. Whitehead) 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. Whitehead, 152 A.D.2d 866, 544 N.Y.S.2d 505, 1989 N.Y. App. Div. LEXIS 10272 (N.Y. Ct. App. 1989).

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Opinion

Mercure, J.

Appeal from [867]*867a judgment of the County Court of Sullivan County (Hanofee, J.), rendered March 24, 1988, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

The issues raised by defendant herein were previously determined in the appeal by the People from the order made on defendant’s motion to suppress evidence (135 AD2d 997). That decision, from which no appeal was taken, is the law of the case (see, People v Talutis, 42 AD2d 918) and the issues therein decided adversely to defendant cannot be reconsidered (see, People v Claudio, 130 AD2d 759, Iv denied 70 NY2d 873).

Judgment affirmed. Kane, J. P., Casey, Weiss, Levine and Mercure, JJ., concur.

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Mercure, J.

Appeal from [867]*867a judgment of the County Court of Sullivan County (Hanofee, J.), rendered March 24, 1988, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

The issues raised by defendant herein were previously determined in the appeal by the People from the order made on defendant’s motion to suppress evidence (135 AD2d 997). That decision, from which no appeal was taken, is the law of the case (see, People v Talutis, 42 AD2d 918) and the issues therein decided adversely to defendant cannot be reconsidered (see, People v Claudio, 130 AD2d 759, Iv denied 70 NY2d 873).

Judgment affirmed. Kane, J. P., Casey, Weiss, Levine and Mercure, JJ., concur.

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Bluebook (online)

152 A.D.2d 866, 544 N.Y.S.2d 505, 1989 N.Y. App. Div. LEXIS 10272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-whitehead-nyappdiv-1989.

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