From Casetext: Smarter Legal Research

People v. Manguso

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 23, 1965
24 A.D.2d 539 (N.Y. App. Div. 1965)

Summary

In People v. Manguso (24 A.D.2d 539) an issue of fact was presented in an application for the return of seized goods and, no hearing having been held, the matter was remitted for a hearing and finding of fact.

Summary of this case from People v. Talbot

Opinion

June 23, 1965

Appeal from the Erie County Court.

Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.


Appeal held and decision reserved on appeal from judgment of conviction. Order entered April 2, 1964 unanimously reversed and proceeding remanded to Erie County Court for further proceedings in accordance with memorandum. Memorandum: Defendant has been convicted following trial of unlawful entry and petit larceny. Prior to trial defendant by appropriate motion moved for the return of certain personal property (claimed by the People to be fruits of the crimes) seized by the police without a search warrant from a flat occupied by defendant and his mother. Section 813-c of the Code of Criminal Procedure provides that upon such an application the court "shall hear evidence upon any issue of fact necessary to determination of the motion." Such was not done herein and the motion was denied on affidavits submitted by the respective parties. These presented a sharp issue of fact as to whether Mrs. Piazza, the occupant of the lower apartment, had permission to enter the Manguso flat. If this question should be answered in the affirmative then an additional issue would be presented as to whether Mrs. Manguso had authority to grant such permission as to her son, the defendant. (Cf. Stoner v. California, 376 U.S. 483; Chapman v. United States, 365 U.S. 610; Calhoun v. United States, 172 F.2d 457, cert. den. 337 U.S. 938; Stein v. United States, 166 F.2d 851, cert. den. 334 U.S. 844; United States v. Sergio, 21 F. Supp. 553; see generally, Effective Consent to Search and Seizure, 113 U. of Pa. L. Rev. 260, 272-277.) Lastly, the court deciding the motion "is required to state, either by findings or in an opinion, the facts upon which it relies in granting or denying the motion." ( People v. Lombardi, 18 A.D.2d 177, 180, affd. 13 N.Y.2d 1014. ) A hearing should be had at which witnesses may be produced. If requested, the defendant should be accorded the right to be present at the hearing in person and with counsel. Thereafter, a new determination should be made supported by appropriate factual findings.


Summaries of

People v. Manguso

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 23, 1965
24 A.D.2d 539 (N.Y. App. Div. 1965)

In People v. Manguso (24 A.D.2d 539) an issue of fact was presented in an application for the return of seized goods and, no hearing having been held, the matter was remitted for a hearing and finding of fact.

Summary of this case from People v. Talbot
Case details for

People v. Manguso

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT J. MANGUSO…

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

Date published: Jun 23, 1965

Citations

24 A.D.2d 539 (N.Y. App. Div. 1965)

Citing Cases

People v. Talbot

More importantly, it is not clear whether the trial court posited the officer's account of defendant's verbal…

People v. Yarter

The majority has amply narrated the pertinent facts. The majority concludes that the County Court gave…