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PEOPLE v. RIVERA

20 N.Y.2d 669 (1967)

The People of the State of New York, Respondent, v. John Rivera, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1967.

Attorney(s) appearing for the Case

J. Jeffrey Weisenfeld and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Michael Juviler and H. Richard Uviller of counsel), for respondent.

Concur: Chief Judge FULD and JUDGES VAN VOORHIS, BURKE, BERGAN and KEATING. Judge SCILEPPI dissents and votes to affirm. Taking no part: Judge BREITEL.

Judgment reversed and case remitted to the Supreme Court, New York County, for a hearing on the motion to suppress for the following reasons: Where, as here, defendant's affidavit in support of his motion to suppress satisfies however meagerly the standards set down in rule IV (subd. 3, par. [h]) of Part 2 of the Rules of the Supreme Court, Bronx and New York Counties, section 813-c of the Code of Criminal Procedure mandates a hearing...

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