PEOPLE v. DORY


59 N.Y.2d 121 (1983)

The People of the State of New York, Respondent, v. Rowland W. Dory, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1983.


Attorney(s) appearing for the Case

John Joseph Suttor and Ruth C. Balkin for appellant.

Denis Dillon, District Attorney (George Freed, Judith R. Sternberg and Anthony J. Girese of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and SIMONS concur.


MEYER, J.

The discretion granted a Trial Judge by the authorization of "other appropriate action" contained in CPL 240.70 (subd 1) includes vacatur of a suppression order entered by a hearing Judge of co-ordinate jurisdiction, the suppression order having been predicated not upon any Fourth Amendment violation, but upon the People's denial of possession of any suppressible evidence or testimony. There was, moreover...

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