Legal Opinion
In re Elvin G.
New York Court of Appeals
Decided May 7, 2009PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the matter remitted to Family Court for *835further proceedings in accordance with this memorandum.
Under CPL 710.60, applicable to juvenile delinquency proceedings pursuant to Family Court Act § 330.2 (1), a suppression hearing is required if the accused “raise[s] a factual dispute on a material point which must be resolved before the court can decide the legal issue of whether evidence was obtained in a constitutionally permissible manner” (People v Burton, 6 NY3d 584, 587 [2006] [internal…
2Cases cited9 opinions
- New Jersey v. T. L. O.Supreme Court of the United States · 1985
- Vernonia School District 47J v. ActonSupreme Court of the United States · 1995
- People v. MendozaNew York Court of Appeals · 1993
- People v. BurtonNew York Court of Appeals · 2006
- People v. BryantNew York Court of Appeals · 2007
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Shaundale W.Appellate Division of the Supreme Court of the State of New York · 2011
- People v. FullerAppellate Division of the Supreme Court of the State of New York · 2017
- FULLER, KAREEM H., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
- People v. FullerAppellate Division of the Supreme Court of the State of New York · 2017