In Turpin, the granting of the defendant's motion to suppress in the Magistrate's Court, made during the course of a preliminary hearing in March, 1962 (former N.Y. City Crim. Cts. Act, § 147), had been denied the effect of res judicata in the Supreme Court upon the defendant's subsequent motion pursuant to section 813-c et seq. of the Code of Criminal Procedure.
Summary of this case from People v. OrtizDecided April 24, 1967
JUDGMENT AFFIRMED
In Turpin, the granting of the defendant's motion to suppress in the Magistrate's Court, made during the course of a preliminary hearing in March, 1962 (former N.Y. City Crim. Cts. Act, § 147), had been denied the effect of res judicata in the Supreme Court upon the defendant's subsequent motion pursuant to section 813-c et seq. of the Code of Criminal Procedure.
Summary of this case from People v. OrtizFull title:PEOPLE v. TURPIN (LEAH)
Court:Appellate Division of the Supreme Court of New York, Second Department
Date published: Apr 24, 1967
Indeed, the vacatur order in Gatti would have been meaningless to the defendants unless, upon their…