People v. Harvey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in summarily denying defendant’s pretrial pro se suppression motion inasmuch as that motion was served and filed more than 45 days after defendant’s arraignment (see, CPL 255.20 [1], [3]; 710.40 [1]; 710.70 [1]; People v Kasparek, 174 AD2d 970, lv denied 78 NY2d 1078). Contrary to defendant’s contention, he was not subjected to an illegal arrest (see, People v Rosario, 78 NY2d 583, 588-589, cert denied — US —, 112 S Ct 1210; People v Lopez, 95 AD2d 241; see also, Executive Law § 259-i [3] [a] [i]).…
2Cases cited5 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. RiveraNew York Court of Appeals · 1988
- People v. RosarioNew York Court of Appeals · 1991
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1983
- People v. KasparekAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by1 opinion
- People v. McNairAppellate Division of the Supreme Court of the State of New York · 1995