Legal Opinion · Dissent

People v. Fuentes-Borda

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

Decided October 13, 1992Published

1DissentKupferman, J.

The defendant pleaded guilty and so the only issue is whether there should be suppression of physical evidence.

The direction by this Court that there should be a hearing *407is another example of an undue burden being imposed on the criminal justice system (see, People v Davis, 169 AD2d 379, 382 [Kupferman, J., dissenting]).

Defendant’s motion to suppress was properly denied without a hearing (People v Gomez, 67 NY2d 843, 844), his moving papers being devoid of any allegations that would support a finding of a reasonable and legitimate privacy interest with respect to any of the searched premises…

2Cases cited4 opinions

  1. People v. WesleyNew York Court of Appeals · 1989
  2. People v. RodriguezNew York Court of Appeals · 1987
  3. People v. GomezNew York Court of Appeals · 1986
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1991

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