People v. Sullivan
| Decision Date | 23 June 1986 |
| Parties | The PEOPLE, etc., Appellant, v. John T. SULLIVAN, Respondent. |
| Court | New York Supreme Court — Appellate Division |
John J. Santucci, Dist. Atty., Kew Gardens (Michael O'Brien and Emil S. Bricker, Kew Gardens, of counsel), for appellant. Mahler & Harris, P.C., Kew Gardens (Stephen R. Mahler, of counsel), for respondent.
Appeal by the People from an order of the Supreme Court, Queens County (Friedmann, J.), dated August 6, 1985, 129 Misc.2d 747, 493 N.Y.S.2d 932, which granted the defendant's motion to suppress physical evidence. Order affirmed. The statutes upon which the People rely to justify the warrantless search of the defendant's premises (see, Vehicle and Traffic Law § 415-a; New York City Charter § 436) have been declared unconstitutional (see, People v. Burger, 67 N.Y.2d 338, 502 N.Y.S.2d 702, 493 N.E.2d 926). There being no other basis for upholding the validity of the search, the order must be affirmed.
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