Summary
In People v. Woodfolk (267 AD2d 410 [2d Dept 1999]), the Court simply notes that the detention was illegally prolonged, citing Banks.
Summary of this case from People v. WhiteOpinion
Argued November 22, 1999
December 20, 1999
Appeal by the People, as limited by their brief, from so much of an order of the County Court, Orange County (DeRosa, J.), dated November 18, 1998, as granted those branches of the defendants' omnibus motions which were to suppress physical evidence seized from their motor vehicle.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Paul Harnisch and Catherine Walsh of counsel), for appellant.
Robert A. Ladanyi, Middletown, N.Y., for respondent Mark S. Woodfolk.
Bernard D. Brady, Goshen, N.Y., for respondent Derek J. Koniz.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN and SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from.
The search of the defendants' vehicle was the product of an illegally-prolonged detention of the defendants (see, People v. Banks, 85 N.Y.2d 558, 561 ).
SANTUCCI, J.P., JOY, GOLDSTEIN, and FEUERSTEIN, JJ., concur.