People v. Dory

OPINION OF THE COURT

Meyer, J.

The discretion granted a Trial Judge by the authorization of “other appropriate action” contained in CPL 240.70 (subd 1) includes vacatur of a suppression order entered by a hearing Judge of co-ordinate jurisdiction, the suppression order having been predicated not upon any Fourth Amendment violation, but upon the People’s denial of possession of any suppressible evidence or testimony. There was, moreover, sufficient evidence independent of that of the accomplices to meet the corroboration requirement of CPL 60.22 (subd 1) and the Trial Judge’s charge adequately…