PEOPLE v. MONTANA


149 A.D.2d 738 (1989)

The People of the State of New York, Respondent, v. Louis Montana, Appellant

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

April 24, 1989


Ordered that the matter is remitted to the County Court, Suffolk County, to hear and report on that branch of the defendant's motion which was to vacate the judgment on the ground of his trial counsel's failure to request a Mapp hearing, and the appeal is held in abeyance in the interim. The County Court, Suffolk County, is to file its report with all convenient speed.

We agree with the County Court that the defendant failed to make "a showing that there was...

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