People v. Lombardi
| Citation | 245 N.Y.S.2d 595,13 N.Y.2d 1014 |
| Parties | , 195 N.E.2d 306 The PEOPLE, etc., Respondent, v. Joseph LOMBARDI et al., Appellants. |
| Decision Date | 21 November 1963 |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 18 A.D.2d 177, 239 N.Y.S.2d 161.
Defendants were charged by indictment with first degree robbery, first degree grand larceny, and second degree assault. The defendants made a motion to suppress certain evidence on ground that it was obtained as the result of an unreasonable search and seizure.
The County Court, Kings County, Dominic S. Rinaldi, J., entered an order granting the motion, and the People of the State of New York appealed.
The Appellate Division reversed the order, remitted the matter to the Criminal Term of the Supreme Court, Kings County, for further proceedings, and held that the trial court was required to state, either by findings or in an opinion, the facts on which the trial court relied in granting the motion to suppress evidence, and that the trial court's omission in that regard required a new hearing.
The defendants appealed to the Court of Appeals.
Edward S. Silver, Brooklyn (William I. Siegel and David Diamond, Brooklyn, of counsel), for respondents.
Order affirmed.
All concur.
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