Legal Opinion
People v. Rivera
Appellate Division of the Supreme Court of the State of New York
Decided May 17, 2007PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Andrias, J.
Because this case is factually indistinguishable from People v Muhammed (290 AD2d 248 [2002]), the court erred in denying defendant’s motion to suppress evidence without affording him a hearing. Defendant’s appeal should be held in abeyance and the matter remanded for a hearing on his motion.
It is now firmly established that it is unreasonable to construe the Criminal Procedure Law as requiring precise factual averments from the defendant where the defendant does not have access to or awareness of the facts necessary to support suppression (see People v Mendoza,…
2Cases cited3 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. BurtonNew York Court of Appeals · 2006
- People v. MuhammedAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by8 opinions
- Firmes v. Chase Manhattan Automotive Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2008
- People v. OteroAppellate Division of the Supreme Court of the State of New York · 2008
- People v. FranceAppellate Division of the Supreme Court of the State of New York · 2008
- People v. FrenchAppellate Division of the Supreme Court of the State of New York · 2014
3 more not listed; retrieve them via the Exa API.