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People v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
263 A.D.2d 545 (N.Y. App. Div. 1999)

Opinion

Argued June 24, 1999

July 26, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered December 15, 1997, convicting him of criminal possession of marihuana in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review a ruling of the same court (Kron, J.), pursuant to CPL 255.20(1), refusing to review those branches of the defendant's omnibus motion which were to suppress physical evidence and the defendant's statement to law enforcement officials.

M. Sue Wycoff, New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Rona I. Kugler of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, FRED T. SANTUCCI, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the matter is remitted to the Supreme Court, Queens County, to hear and report on those branches of the defendant's omnibus motion which were to suppress physical evidence and his statement to the effect that Federal agents were following him, and the appeal is held in abeyance in the interim. The Supreme Court, Queens County, shall file its report with all convenient speed.

Under the circumstances of this case, a hearing should have been held with respect to those branches of the defendant's omnibus motion which were to suppress physical evidence and his statement to the effect that Federal agents were following him ( see, People v. Jones, 145 A.D.2d 648). Accordingly, the matter is remitted to the Supreme Court, Queens County, for a hearing, and the appeal is held in abeyance in the interim.


Summaries of

People v. Anderson

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
263 A.D.2d 545 (N.Y. App. Div. 1999)
Case details for

People v. Anderson

Case Details

Full title:THE PEOPLE, etc., respondent, v. ALEXANDER ANDERSON, appellant. (Ind. No…

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

Date published: Jul 26, 1999

Citations

263 A.D.2d 545 (N.Y. App. Div. 1999)
692 N.Y.S.2d 613