PEOPLE v. NIEVES


106 Misc.2d 395 (1980)

The People of the State of New York, Plaintiff, v. Edwin Nieves and Carmen Orta, Defendants. The People of the State of New York, Plaintiff, v. Hector Peralez and Carmen Peralez, Defendants.

Supreme Court, Criminal Term, Bronx County.

July 31, 1980


Attorney(s) appearing for the Case

Messinger, Alperin & Hufjay (Lewis E. Alperin of counsel), for defendants. Mario Merola, District Attorney (Ross Weaver of counsel), for plaintiff.


MURRAY KOENIG, J.

The following constitutes the opinion, decision and order of the court.

This case presents the interesting question of whether a judicial order invalidating a search warrant requires the suppression, under the doctrine of collateral estoppel, of all evidence seized in the course of the execution of the warrant vis-à-vis defendants who were not parties to the motion to controvert the warrant.

The defendants stand...

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