People v. Coffey

Citation236 N.Y.S.2d 1021,18 A.D.2d 794
PartiesThe PEOPLE of the State of New York, Respondent, v. Joseph COFFEY, Defendant-Appellant.
Decision Date24 January 1963
CourtNew York Supreme Court Appellate Division

R. R. Lutz, New York City, for respondent.

A. I. Rosner, New York City, for defendant-appellant.

Order, entered on September 28, 1962, denying defendant's motion to suppress the use of certain evidence, unanimously affirmed on the law and the facts. This case is presently on appeal before the Court of Appeals (People v. Coffey, 11 N.Y.2d 142, 227 N.Y.S.2d 412, 182 N.E.2d 92), which withheld determination of the appeal and remitted the matter to the Court of General Sessions (now the Supreme Court) 'in order that the defendant may make promptly a motion to suppress the challenged evidence. * * *' The defendant did make such a motion, and the motion was denied. In the absence of a remittitur, and in light of the direction by the Court of Appeals remanding the case to the Court of General Sessions, we entertain some doubt of our jurisdiction in this phase of the matter (but see People v. Durling, 303 N.Y. 382, 103 N.E.2d 336, where determination of the appeal was withheld 'in order that defendant may promptly renew in the Seneca County Court his motion for a new trial * * * upon the ground solely of alleged misconduct of jurors * * *' (p. 385, 103 N.E.2d p. 337). After the hearing which followed the remand, an appeal was taken to the Appellate Division (People v. Durling, 281 App.Div. 794, 118 N.Y.S.2d 173) and thereafter to the Court of Appeals (305 N.Y. 555, 111 N.E.2d 434)). The record in the instant case sustains the determination appealed from, 36 Misc.2d 67, 232 N.Y.S.2d 545.

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5 cases
  • United States v. Fay
    • United States
    • U.S. District Court — Southern District of New York
    • September 30, 1964
    ...attack upon the judgment of conviction. See United States v. Robinson, 325 F.2d 391, 395 (2d Cir. 1963). 6 People v. Coffey, 18 A.D.2d 794, 236 N.Y.S.2d 1021 (1st Dep't, 1963). 7 People v. Coffey, 12 N.Y.2d 443, 240 N.Y.S.2d 721, 191 N.E.2d 263 (1963). 8 People v. Coffey, 13 N.Y.2d 726, 241......
  • UNITED STATES EX REL. COFFEY v. Follette
    • United States
    • U.S. District Court — Southern District of New York
    • June 19, 1969
    ... ... Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), in a post-trial hearing on a motion to suppress, People v. Coffey, 11 N.Y.2d 142, 227 N.Y.S.2d 412, 182 N.E. 2d 92 (1962). That motion to suppress was denied, 36 Misc.2d 67, 232 N.Y.S.2d 545 (Sup.Ct. 1962); and the denial was affirmed by the Appellate Division, 18 A.D.2d 794, 236 N.Y.S.2d 1021 (1st Dep't 1963), and the Court of Appeals, 12 N.Y.2d 443, ... ...
  • People v. Blackman
    • United States
    • New York Supreme Court
    • January 10, 1975
    ... ... Coffey, 36 Misc.2d 67, 70, 232 N.Y.S.2d 545, 548, affd. 18 A.D.2d 794, 236 N.Y.S.2d 1021, affd. 12 N.Y.2d 443, 240 N.Y.S.2d 721, 191 N.E.2d 263.) Nor would it be necessary for Detective Brown to know himself or to be in possession of information which establishes such probable cause provided 'that he ... ...
  • People v. Kass
    • United States
    • New York Supreme Court — Appellate Division
    • January 24, 1963
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