People v. Bailey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal from judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered February 8, 1993, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentencing him, as a second felony offender, to a term of from three to six years, held in abeyance and the matter remanded for a hearing on defendant’s motion to suppress evidence.
*570The appeal should be held in abeyance, and the matter remitted to the Supreme Court for a Mapp hearing (Mapp v Ohio, 367 US 643). It was error to deny the defendant’s motion to suppress physical evidence summarily.
I…
Also in this document: Dissent.
2Cases cited9 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- People v. MendozaNew York Court of Appeals · 1993
- People v. GrudenNew York Court of Appeals · 1977
- People v. LoughlinNew York Court of Appeals · 1990
- People v. HightowerNew York Court of Appeals · 1995
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. GadsdenAppellate Division of the Supreme Court of the State of New York · 2000
- People v. MarquezAppellate Division of the Supreme Court of the State of New York · 1998
- People v. BennettAppellate Division of the Supreme Court of the State of New York · 1997
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1997
- People v. JuliusAppellate Division of the Supreme Court of the State of New York · 1998