People v. Scott
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: There is no merit to the contention of defendant that the suppression court should have summarily granted that portion of his omnibus motion that sought suppression of physical evidence. The failure to submit opposing papers is not tantamount to an affirmative concession that the facts alleged by defendant are true. It was understood that the People would respond to defendant’s motion at a later time, and the court did not err in conducting *921the hearing without the People’s response (cf., People v Trice, 101 AD2d 581, 586, lv denied 63 NY2d 779).
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2Cases cited8 opinions
- People v. GalakNew York Court of Appeals · 1993
- People v. GonzalezNew York Court of Appeals · 1984
- People v. LiptonNew York Court of Appeals · 1981
- People v. MateronAppellate Division of the Supreme Court of the State of New York · 1985
- People v. TriceAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by6 opinions
- People v. RossAppellate Division of the Supreme Court of the State of New York · 1996
- People v. ArmstrongSupreme Court of The Virgin Islands · 2016
- People v. GrearAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MendezAppellate Division of the Supreme Court of the State of New York · 1997
- People v. DillardAppellate Division of the Supreme Court of the State of New York · 1995
1 more not listed; retrieve them via the Exa API.