From Casetext: Smarter Legal Research

People v. De Vaughn

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1981
81 A.D.2d 924 (N.Y. App. Div. 1981)

Opinion

May 26, 1981


Appeal by defendant from three judgments of the County Court, Westchester County, all rendered June 6, 1979, convicting him of rape in the first degree, robbery in the first degree and criminal possession of stolen property in the first degree, upon his pleas of guilty, and imposing sentences. The appeal brings up for review the summary denial of the branch of defendant's pretrial motion which sought to suppress potential identification evidence. Case remitted to the County Court, Westchester County, to hear and report on the branch of defendant's motion which sought to suppress the potential identification evidence. The appeal will be held in abeyance during the interim. The County Court shall file its report with all convenient speed. It was error to deny in toto that portion of defendant's omnibus pretrial motion which sought the suppression of certain potential identification evidence without first conducting a hearing. The moving papers, which might have been better, nevertheless sufficiently complied with the dictates of CPL 710.60 (subd 1) to raise a tenable issue (CPL 710.20, subd 5), and to render the summary denial of this aspect of the defendant's motion, in purported compliance with CPL 710.60 (subd 3), improper (CPL 710.60, subd 4; see People v Werner, 55 A.D.2d 317; People v Williams, 46 A.D.2d 727; cf. People v Cobenais, 39 N.Y.2d 968; People v Roberto H., 67 A.D.2d 549, 552; People v Digiosaffatte, 63 A.D.2d 703). Titone, J.P., Gibbons, Gulotta and Margett, JJ., concur.


Summaries of

People v. De Vaughn

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1981
81 A.D.2d 924 (N.Y. App. Div. 1981)
Case details for

People v. De Vaughn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL DE VAUGHN, Also…

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

Date published: May 26, 1981

Citations

81 A.D.2d 924 (N.Y. App. Div. 1981)

Citing Cases

People v. Shippens

Present — Callahan, J.P., Doerr, Boomer, Pine and Schnepp, JJ Case held, decision reserved and matter…

People v. Vitetta

The defendant's papers were sufficient under CPL 710.60 (1) to entitle him to a hearing on the issue,…