Opinion
May 4, 1993
Appeal from the Family Court, New York County (Leah Marks, J.).
Concur — Carro, J.P., Ellerin and Asch, JJ.
This Court held this appeal in abeyance and mandated a Mapp hearing on the respondent's motion to suppress physical evidence (Matter of Gilbert O., 183 A.D.2d 466). The Family Court has now denied the suppression motion. No further review of that determination has been sought.
The decision mandating a Mapp hearing should be considered as erased from the books (see, Matter of Park E. Corp. v Whalen, 43 N.Y.2d 735). It should not be "spawning any legal consequences or precedent" (Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 718).
Not only has this case been an example of an "undue burden being placed on the Family Court and the criminal justice system" (Matter of Gilbert O., supra, at 469 [Kupferman, J., dissenting]), it has not been followed (see, People v Bonilla, 193 A.D.2d 362 [decided herewith]).