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People v. Bacon

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 2004
6 A.D.3d 241 (N.Y. App. Div. 2004)

Opinion

3365.

Decided April 15, 2004.

Appeal from judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 30, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, held in abeyance, and the matter remanded to Supreme Court, New York County, for a hearing on defendant's motion to suppress evidence.

Laura R. Johnson, Legal Aid Society, New York (Laura Boyd of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Madeleine Guilmain of counsel), for respondent.

Before: Buckley, P.J., Tom, Sullivan, Williams, JJ.


Defendant's motion papers were sufficient to raise a question of fact as to the basis for his arrest ( see People v. Hightower, 85 N.Y.2d 988), specifically the issue of whether the arresting officer knew of the existence of an outstanding New York County warrant for defendant's arrest.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Bacon

Appellate Division of the Supreme Court of New York, First Department
Apr 15, 2004
6 A.D.3d 241 (N.Y. App. Div. 2004)
Case details for

People v. Bacon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BACON, ETC.…

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

Date published: Apr 15, 2004

Citations

6 A.D.3d 241 (N.Y. App. Div. 2004)
774 N.Y.S.2d 332