People v. Cardaio
| Decision Date | 15 May 1969 |
| Citation | 24 N.Y.2d 988,250 N.E.2d 227,302 N.Y.S.2d 818 |
| Parties | , 250 N.E.2d 227 The PEOPLE, etc., Respondent, v. Nicholas CARDAIO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from a judgment of the Supreme Court, Appellate Division, Second Department, 30 A.D.2d 843, 294 N.Y.S.2d 579.
Max Feigin, New York City, for appellant.
Thomas J. Mackell, Dist. Atty. (George D. Marlow, Kew Gardens, of counsel), for respondent.
The Supreme Court, Queens County, J. Irwin Shapiro, J., entered a judgment denying a motion of defendant to suppress certain evidence and he appealed.
The Appellate Division affirmed and appeal was by permission of the Chief Judge of the Court of Appeals.
In other relevant proceedings the Supreme Court, Criminal Term, entered judgments on a verdict convicting defendant of the count charging possessing a narcotic drug with intent to sell and the court charging defendant with feloniously possessing a narcotic drug and the defendant appealed. The Supreme Court, Appellate Division, Second Department, 25 A.D.2d 953, 272 N.Y.S.2d 112, affirmed and appeal was by permission of an Associate Judge of the Court of Appeals.
The Court of Appeals, 18 N.Y.2d 924, 276 N.Y.S.2d 1004, 223 N.E.2d 497, withheld determination of appeal and remitted case for further hearing on motion to suppress. The trial court denied motion to suppress and the defendant appealed. The Supreme Court, Appellate Division, 28 A.D.2d 1144, 284 N.Y.S.2d 940, reversed order and remitted case with directions.
On appeal after remand, the Supreme Court, Appellate Division, Second Department, 30 A.D.2d 843, 294 N.Y.S.2d 579, affirmed.
In the Court of Appeals the defendant asserted that the People had failed to produce proof of probable cause for warrantless arrest of defendant and that even assuming probable cause the officers had failed to make their purpose known before entering defendant's home. The defendant also asserted that he had standing to move to suppress statements made by an alleged informer to police in violation of alleged informer's constitutional rights.
Judgment, as amended, affirmed.
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United States ex rel. Cardaio v. Casscles
...579 (2d Dept. 1968). In April 1969, the New York Court of Appeals affirmed the judgment of conviction. People v. Cardaio, 24 N.Y. 2d 988, 302 N.Y.S.2d 818, 250 N.E.2d 227 (1969). Petitioner began this federal proceeding within a few months after the Court of Appeals' decision. He did not se......
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People v. Ford
...340; People v. De Vivo, 23 A.D.2d 753, 258 N.Y.S.2d 1013; cf. People v. Cardaio, 30 A.D.2d 843, 294 N.Y.S.2d 579, affd. 24 N.Y.2d 988, 302 N.Y.S.2d 818, 250 N.E.2d 227), he has no standing to secure a disclosure of such evidence (Alderman v. United States, 394 U.S. 165, at 171--174, 89 S.Ct......
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People v. Moraitis
...825, aff'd 23 N.Y.2d 719, 296 N.Y.S.2d 364, 244 N.E.2d 57; People v. Cardaio, 30 A.D.2d 843, 294 N.Y.S.2d 579, aff'd 24 N.Y.2d 988, 302 N.Y.S.2d 818, 250 N.E.2d 227. Most recently, the sender of a first class letter was found to having standing to challenge an illegal search conducted prior......
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People v. Miller
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