PEOPLE v. SANDERS


31 N.Y.2d 463 (1973)

The People of the State of New York, Respondent, v. Willie Sanders, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 1973.


Attorney(s) appearing for the Case

Bruce K. Carpenter for appellant.

Michael F. Dillon, District Attorney (Richard M. Mancuso of counsel), for respondent.

Judges BURKE, JONES and WACHTLER concur with Chief Judge FULD; Judge JASEN concurs in a separate opinion; Judges BREITEL and GABRIELLI taking no part.


Chief Judge FULD.

Some five months after the defendant's indictment for burglary in April of 1967, his assigned counsel moved to suppress evidence taken from his apartment on the ground that it had been illegally obtained. Following a hearing, the court denied the motion and, in our view, properly so. That pretrial hearing was held and decided on Thursday, September 28, 1967, the day before the trial was scheduled...

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