Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PEOPLE STATE NEW YORK v. JOHN AITKEN (07/01/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1968.NY.42420 <http://www.versuslaw.com>; 292 N.Y.S.2d 295; 30 A.D.2d 812 July 1, 1968 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.JOHN AITKEN, APPELLANT Judgment of the Supreme Court, Kings County, rendered June 28, 1967, reversed, on the law, defendant's guilty plea vacated, and action remitted to the trial court for the purpose of conducting a new hearing in accordance with the memorandum herewith. Beldock, P. J., Brennan, Hopkins, Benjamin and Martuscello, JJ., concur.


Judgment of the Supreme Court, Kings County, rendered June 28, 1967, reversed, on the law, defendant's guilty plea vacated, and action remitted to the trial court for the purpose of conducting a new hearing in accordance with the memorandum herewith.

Beldock, P. J., Brennan, Hopkins, Benjamin and Martuscello, JJ., concur.

The findings of fact below have not been considered. At the hearing held upon defendant's motion to suppress evidence (Code Crim. Pro., §§ 813-c et seq.), and under the circumstances at bar, it was reversible error for the trial court to deny to defendant an examination of the minutes of the Grand Jury testimony of the police officer who had searched defendant and for whose cross-examination defendant had requested the minutes(People v. Rosario, 9 N.Y.2d 286; People v. Malinsky, N.Y.2d 86).

19680701

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.