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People v. Deluca

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1994
204 A.D.2d 655 (N.Y. App. Div. 1994)

Opinion

May 23, 1994

Appeal from the County Court, Suffolk County (Pitts, J.).


Ordered that the order is reversed, on the law, the branch of the defendant's omnibus motion which was to suppress his oral and written statements to law enforcement officials is denied, and the matter is remitted to the County Court, Suffolk County, for further proceedings.

The County Court was without authority to entertain the oral suppression motion made by the defendant in violation of CPL 710.60 (1) (see, People v. Mezon, 80 N.Y.2d 155). We also find that the People had not waived their right to a written suppression motion (cf., People v. Jennings, 69 N.Y.2d 103, 113). Ritter, J.P., Copertino, Santucci and Hart, JJ., concur.


Summaries of

People v. Deluca

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1994
204 A.D.2d 655 (N.Y. App. Div. 1994)
Case details for

People v. Deluca

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALBERT E. DELUCA, Also…

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

Date published: May 23, 1994

Citations

204 A.D.2d 655 (N.Y. App. Div. 1994)
614 N.Y.S.2d 237

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