PEOPLE v. HATCHETT

Ind. No. 2178/17. Appeal No. 14182. Case No. 2019-1339.

196 A.D.3d 431 (2021)

147 N.Y.S.3d 406

2021 NY Slip Op 04282

The People of the State of New York, Respondent, v. Jermaine Hatchett, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 8, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Barbara Zolot of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jared Wolkowitz of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Singh, Kennedy, JJ.


The motion to suppress should not have been denied on a ground not raised by the People. It is unclear to what extent the suppression court considered and credited the People's argument regarding probable cause or whether the search was outside of the Fourth Amendment's purview under the circumstances. Accordingly, we hold the appeal in abeyance and remand for determination, based on the hearing minutes, of the issues raised at the hearing, but not decided (see People...

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