PEOPLE v. MAKSYMENKO


109 Misc.2d 171 (1981)

The People of the State of New York, Appellant, v. Valadimir Maksymenko, Respondent.

Supreme Court, Appellate Term, Second Department.

May 19, 1981


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Barbara Goldberg of counsel), for appellant. Simon, Wasserman & Weinberg (Arthur J. Simon of counsel), for respondent.

Concur: PINO, P. J., HIRSH and JONES, JJ.


MEMORANDUM.

Appeal by the People from a pretrial order (105 Misc.2d 368) dismissing the accusatory instrument which charged defendant with harassment (Penal Law, § 240.25) and resisting arrest (Penal Law, § 205.30).

Order affirmed.

In our opinion, a court is without authority to hold a pretrial hearing to test the validity of defendant's arrest. The court erred in terming such motion as one to "suppress...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases