People v. Solimine

The Appellate Division reversed on the law a judgment of the Supreme Court, Bronx County, which convicted the defendant on his plea of guilty of criminally buying and receiving stolen property. The court ruled that defendant had a right to a hearing on a pretrial motion to suppress certain evidence (the stolon property).

On this appeal from that ruling the sufficiency of the detective’s affidavit (pursuant to which the search warrant was granted) is not in issue; probable cause for the issuance of the warrant is not questioned. The only issue raised goes to the necessity of a hearing at which…