eBook details
- Title: People State New York v. Rowland W. Dory
- Author : Court of Appeals of New York
- Release Date : January 07, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The discretion granted a Trial Judge by the authorization of "other appropriate action" contained in CPL 240.70 (subd 1) includes vacatur of a suppression order entered by a hearing Judge of co-ordinate jurisdiction, the suppression order having been predicated not upon any Fourth Amendment violation, but upon the Peoples denial of possession of any suppressible evidence or testimony. There was, moreover, sufficient evidence independent of that of the accomplices to meet the corroboration requirement of CPL 60.22 (subd 1) and the Trial Judges charge adequately apprised the jury of the need for independent evidence. The order of the Appellate Division should, therefore, be affirmed.