Morgenthau v. Marks

OPINION OF THE COURT

Kupferman, J.

This is a CPLR article 78 proceeding commenced in this court, seeking a judgment prohibiting respondent Justice from ordering the suppression, pursuant to Penal Law § 450.10 (10), of any and all evidence of the wallet which respondent Rodriguez is charged with stealing in New York County indictment No. 15016/90.

Respondent Rodriguez was arrested and charged with the class E felony of grand larceny in the fourth degree upon the complaint of an intoxicated subway passenger who told the arresting officer that he had fallen asleep and awoke to find Rodriguez with…