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PEOPLE v. SCALZA

76 N.Y.2d 604 (1990)

The People of the State of New York, Respondent, v. Patrick Scalza, Appellant.

Court of Appeals of the State of New York.

Decided October 18, 1990.

Attorney(s) appearing for the Case

Steven R. Bernhard for appellant.

Denis Dillon, District Attorney (Lisa J. Becker and Bruce E. Whitney of counsel), for respondent.

Robert Abrams, Attorney-General (Julie S. Mereson, O. Peter Sherwood and Peter H. Schiff of counsel), in his statutory capacity under Executive Law § 71.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur with Judge BELLACOSA; Judge TITONE dissents and votes to reverse in a separate opinion.

BELLACOSA, J.

Defendant was convicted by a jury of six counts of criminal possession of weapons and ammunition after his pretrial suppression motion was denied by the Nassau County Court. The County Court had preliminarily exercised its discretionary authority to refer the suppression matter to an authorized Judicial Hearing Officer (JHO) for the filing of a report as prescribed in CPL 255.20 (4). Defendant did...

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