People v. Leonard

• Decision Date: 10 December 1970
• Citation: 318 N.Y.S.2d 496,27 N.Y.2d 959
• Parties: , 267 N.E.2d 272 PEOPLE, etc., Respondent, v. Barry LEONARD, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 496

318 N.Y.S.2d 496

27 N.Y.2d 959, 267 N.E.2d 272

PEOPLE, etc., Respondent, v. Barry LEONARD, Appellant.

Court of Appeals of New York.

Dec. 10, 1970.

Appeal from the Supreme Court, Appellate Division, First Department, 33 A.D.2d 1010, 308 N.Y.S.2d 77.

Burton B. Roberts, New York City (Donald B. Liberman, New York City, of counsel), for respondent.

The defendant, upon his plea of guilty, was convicted of the crime of possession of a dangerous drug in the fourth degree by a judgment of the Supreme Court, Bronx County, Brust, J., and he appealed.

The Appellate Division held that since defendant chose not to supply his version of the occurrence and there was no competent evidence in record showing that defendant was deprived of his freedom in any significant way or that there had been an illegal search and seizure of evidence, motion to suppress evidence obtained after officers questioned defendant as to his possession of marijuana which he produced in apartment was properly denied, and the judgment of conviction was affirmed. Leave to appeal was granted.

Before the Court of Appeals the People argued that on basis of the record before the trial court the motion to suppress was properly denied and that the review of the Court of Appeals was limited to a determination of whether trial court's findings were erroneous as a matter of law.

Judgment affirmed.

All concur.