People v. Raymo
| Decision Date | 01 February 1962 |
| Citation | 32 Misc.2d 534,223 N.Y.S.2d 1014 |
| Parties | The PEOPLE of the State of New York v. Vincent RAYMO, Defendant. |
| Court | New York Court of General Sessions |
Frank S. Hogan, Dist. Atty., New York City (James F. Gill, Jr., New York City, of counsel), for the People .
Anthony F. Marra, New York City, for defendant.
This motion by defendant's attorney has for its purpose a threefold drive: (a) The suppression of evidence resulting from an unlawful search and seizure; (b) an inspection of the grand jury minutes; and (c) a dismissal of the indictment.
No controversy exists regarding the ban by suppression. Conceding the illegality of the search in an opposing affidavit, the district attorney takes the bull by the horns and moves therein for a dismissal of the first count of the indictment, being the count in which the subject matter resulting from the illegal search, is alleged. He contends, however, that the illegal search does not render impotent the second count in which the facts of the attempt to commit the bribery, are alleged.
Skeletonized, the second count accuses defendant of an attempt to influence the arresting officer in order to release defendant from the arrest, by an alleged offer of a substantial sum of money, the arrest being the same which underlies the first count.
It appears that our court of last resort upholds, in legal effect, the position taken by the district attorney as expressed in his affidavit, to wit: 'That the illegal search and seizure has no bearing whatever with respect to the second count of the indictment charging the defendant with an attempt to commit the bribery.'
I am referring to the case of People v. Jackson, 191 N.Y. 293, 84 N.E. 65, 15 L.R.A.,N.S., 1173. Stated in substance, the material facts, as related therein, are that a coroner contended that because his act as such public official in a judicial capacity, was one which he had performed beyond the bounds of his authority, he could not be charged with the bribery, for the commission of the bribery had arisen from the exercise of such lack of authority. In summarized form this citation supplies the following views of the court on the law, which I construe to be pertinent to the facts in hand (191 N.Y. at page 293):
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