From Casetext: Smarter Legal Research

PEOPLE v. MERZ

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1964
20 A.D.2d 918 (N.Y. App. Div. 1964)

Opinion

April 20, 1964


Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered October 11, 1963 on his plea of guilty (made by him after the denial of his motion to suppress evidence and to inspect the Grand Jury minutes), convicting him of forgery in the second degree, and imposing sentence. The defendant also appeals "from each and every intermediate order" made in the action. Judgment affirmed. On "a motion to suppress evidence the burden is on the defendant to sustain his claim of illegal search and seizure" ( People v. Entrialgo, 19 A.D.2d 509, 510-511; People v. Lombardi, 18 A.D.2d 177, 181, affd. 13 N.Y.2d 1014). Here, the defendant did not show that the confessions, which he sought to suppress, had been obtained as the result of being confronted with illegally seized articles. When a defendant claims that the confessions were not voluntary or that they were not lawfully obtained, or both, he must assert such claim upon the trial, not on a motion to suppress (cf. People v. Rodriguez, 11 N.Y.2d 279; People v. Simpkins, 40 Misc.2d 731; People v. Everett, 10 N.Y.2d 500, 507). No separate appeal lies from the intermediate order, which has been reviewed however, on the appeal from the judgment of conviction (see Code Crim. Pro., § 813-c; § 517, subd. 3). Beldock, P.J., Kleinfeld, Christ, Brennan and Hill, JJ., concur.


Summaries of

PEOPLE v. MERZ

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1964
20 A.D.2d 918 (N.Y. App. Div. 1964)
Case details for

PEOPLE v. MERZ

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD GRIFFITH MERZ…

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

Date published: Apr 20, 1964

Citations

20 A.D.2d 918 (N.Y. App. Div. 1964)

Citing Cases

United States v. Warden of Attica State Prison

When Rogers' pre-trial suppression motion was denied, he had no right of appeal from that intermediate order.…

People v. Winslow

The defendant alleges in his petition that his assigned trial counsel failed to advise him of his right to…