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Matter of Gilbert

Appellate Division of the Supreme Court of New York, First Department
May 4, 1993
193 A.D.2d 360 (N.Y. App. Div. 1993)

Opinion

May 4, 1993

Appeal from the Family Court, New York County (Leah Marks, J.).


Concur — Carro, J.P., Ellerin and Asch, JJ.


This Court held this appeal in abeyance and mandated a Mapp hearing on the respondent's motion to suppress physical evidence (Matter of Gilbert O., 183 A.D.2d 466). The Family Court has now denied the suppression motion. No further review of that determination has been sought.

The decision mandating a Mapp hearing should be considered as erased from the books (see, Matter of Park E. Corp. v Whalen, 43 N.Y.2d 735). It should not be "spawning any legal consequences or precedent" (Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 718).

Not only has this case been an example of an "undue burden being placed on the Family Court and the criminal justice system" (Matter of Gilbert O., supra, at 469 [Kupferman, J., dissenting]), it has not been followed (see, People v Bonilla, 193 A.D.2d 362 [decided herewith]).


Summaries of

Matter of Gilbert

Appellate Division of the Supreme Court of New York, First Department
May 4, 1993
193 A.D.2d 360 (N.Y. App. Div. 1993)
Case details for

Matter of Gilbert

Case Details

Full title:In the Matter of GILBERT O., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 4, 1993

Citations

193 A.D.2d 360 (N.Y. App. Div. 1993)
598 N.Y.S.2d 704