People v. Pittman
| Decision Date | 10 July 1964 |
| Parties | , 200 N.E.2d 774 The PEOPLE etc., Respondent, v. Earl PITTMAN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Term, Second Judicial Department.
Defendant was convicted of possession of policy slips in violation of Section 975 of the Penal Law, Consol.Laws, c. 40. The Criminal Court of the City of New York, Borough of Brooklyn, entered judgment, and the defendant appealed.
The Appellate Term affirmed the judgment.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals, contending that defendant had the right to assume that the trial judge, in granting defendant's motion to suppress evidence, was suppressing all evidence as requested by defendant, and that defendant's guilt was not established beyond reasonable doubt. The People of the State of New York contended in the Court of Appeals that motion to suppress evidence wa directed only to evidence obtained under the search warrant, and that police officers were in lawful possession of eight policy slips prior to execution of the search warrant, where defendant had thrown them away, and that defendant's guilt was established beyond reasonable doubt.
Edward S. Silver, Brooklyn (Harry Brodbar and Raymond J. Scanlan, Brooklyn, of counsel), for respondents.
Judgment affirmed.
All concur.
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