PEOPLE v. PENA

No. 45.

36 N.Y.3d 978 (2020)

163 N.E.3d 1

2020 NY Slip Op 06836

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBIN PENA, Respondent.

Court of Appeals of New York.

Decided November 19, 2020.


Attorney(s) appearing for the Case

Darcel D. Clark , District Attorney, Bronx ( Paul A. Andersen , Nancy D. Killian and Peter D. Coddington of counsel), for appellant.

The Bronx Defenders, Bronx ( Morgan Everhart , Ilona Coleman and Ruth Hamilton of counsel), for respondent.


OPINION OF THE COURT

Order insofar as appealed from reversed, defendant's motion to suppress denied and case remitted to Criminal Court of the City of New York, Bronx County, for further proceedings on the accusatory instrument. The courts below erred as a matter of law in granting defendant's suppression motion.

MEMORANDUM (concurring). The order of the Appellate Term, insofar as appealed from, should be reversed, defendant's motion to suppress denied,...

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