People v. Selby

Decision Date15 December 1977
Citation402 N.Y.S.2d 392,43 N.Y.2d 791
Parties, 373 N.E.2d 286 The PEOPLE of the State of New York, Respondent, v. Duane SELBY, Appellant.
CourtNew York Court of Appeals Court of Appeals

Order affirmed on the memorandum at the Appellate Division (53 A.D.2d 878, 385 N.Y.S.2d 335).

All concur.

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12 cases
  • People v. Harris
    • United States
    • New York Supreme Court — Appellate Division
    • December 30, 1981
    ... ... Thus, not only was her request less than prompt, it was actually untimely and was subject to summary denial. (See People v. Selby, 43 N.Y.2d 791, 402 N.Y.S.2d 392, 373 ... Page 541 ... N.E.2d 286; CPL 240.80, 255.20, subd. 1.) The court nevertheless considered the application and denied it "without prejudice to the defendant's making such a request to the executor of the estate of the deceased or to whomever has title ... ...
  • People v. Jennings, 638
    • United States
    • New York Court of Appeals Court of Appeals
    • December 18, 1986
    ...People v. Key, 45 N.Y.2d 111, 408 N.Y.S.2d 16, 379 N.E.2d 1147; People v. Selby, 53 A.D.2d 878, 385 N.Y.S.2d 335, affd. 43 N.Y.2d 791, 402 N.Y.S.2d 392, 373 N.E.2d 286). Rather, the rule's principal purpose is to ensure that the People have fair notice of the claims that the moving defendan......
  • People v. Egan
    • United States
    • New York Supreme Court — Appellate Division
    • January 24, 1980
    ...facts" warranting a further hearing (CPL 710.40; CPL 255.20; People v. Selby, 53 A.D.2d 878, 385 N.Y.S.2d 335 affd. 43 N.Y.2d 791, 402 N.Y.S.2d 392, 373 N.E.2d 286). We also note that a motion to suppress based on Fourth, as distinguished from Fifth, Amendment grounds, as this one was, must......
  • Brockington v. Quick
    • United States
    • U.S. District Court — Southern District of New York
    • March 25, 1980
    ... ... Thus, while counsel was late in making a motion under People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 849 (1974), and was unprepared at the hearing,3 petitioner has failed to establish any ... See, e. g., People v. Selby, 53 A.D.2d 878, 385 N.Y.S.2d 335 (2d Dep't 1976), aff'd, 43 N.Y.2d 791, 402 N.Y.S.2d 392, 373 N.E.2d 268 (1977). In any event, petitioner's failure ... ...
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