Legal Opinion
People v. Harris
New York Supreme Court
Decided July 13, 1988PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Donald J. Mark, J.
The defendant made an application, pursuant to CPLR 2221, to reargue a motion to suppress evidence (People v Petgen, 81 AD2d 951, affd 55 NY2d 529; People v Russo, 128 Misc 2d 876), upon the ground that the previous denial was *750legally incorrect. Because this involved a complicated claim that a witness was prevented from testifying at the hearing because of an improper offer of immunity, only superficially addressed previously, the motion to reargue was granted.
The original decision was based upon the following facts:
The defendant claimed a search warrant…
2Cases cited17 opinions
- Rush v. MordueNew York Court of Appeals · 1986
- People v. ShapiroNew York Court of Appeals · 1980
- People v. PetgenNew York Court of Appeals · 1982
- People v. AlfinitoNew York Court of Appeals · 1965
- People v. OwensNew York Court of Appeals · 1984
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3Cited by1 opinion
- Altieri v. HoldenAppellate Division of the Supreme Court of the State of New York · 1997