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MATTER OF DE JOY v. ZITTELL

67 A.D.2d 1076 (1979)

In the Matter of Frank L. De Joy et al., Petitioners, v. Warren E. Zittell, as Columbia County Judge, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 23, 1979

Petitioners, whose indictments for various gambling offenses were then pending in County Court, moved under CPL article 710 to suppress evidence seized pursuant to the search warrant. This motion was denied by respondent on the ground that a County Court Judge lacks authority to review the legality of a determination made by a Justice of the Supreme Court. CPL 710.50 (subd 1, par [a]) expressly provides that a motion to suppress evidence must be made in the superior court...

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