People v. Hinton

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY HINTON, Appellant

Court: Court of Appeals of the State of New York

Date published: Oct 31, 1978

383 N.E.2d 1156 (N.Y. 1978)

383 N.E.2d 1156

411 N.Y.S.2d 563

Opinion

Argued September 22, 1978

Decided October 31, 1978

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK D. O'CONNOR, J.

Martin Gedulgig for appellant.

John J. Santucci, District Attorney (Joan L. Craig of counsel), for respondent.

Order reversed, conviction and plea vacated, motion to suppress granted and case remitted to Supreme Court, Queens County, for further proceedings on the indictment on the dissenting memorandum by Mr. Justice VINCENT D. DAMIANI at the Appellate Division (55 A.D.2d, at p 657; see, also, People v Grant, 45 N.Y.2d 366; People v Buxton, 44 N.Y.2d 33).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.