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Court’s Erroneous Ruling that Defendant Did Not Have Standing to Contest a Search Was Followed by Defendant’s Entering a Guilty Plea—Because Defendant May Not Have Pled Guilty Had the Suppression Motion Been Held and Suppression Granted, the Matter Was Remitted for a Suppression Hearing (After Defendant Had Completed His Sentence)

The Fourth Department determined Supreme Court erroneously ruled defendant did not have standing to contest a search.  After that ruling the defendant pled guilty and has since completed his sentence. Because the suppression hearing should have been held, and because the defendant may not have pled guilty had suppression been granted, the matter was remitted for a suppression hearing.  People v Kendrick, 2015 NY Slip Op 03979, 4th Dept 5-8-15

 

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FAILURE TO INFORM DEFENDANT A FINE IS PART OF THE SENTENCE RENDERED THE GUILTY PLEA INVOLUNTARY (FOURTH DEPT).
ALTHOUGH DEFENDANT ACTED SUSPICIOUSLY THE POLICE DID NOT HAVE A REASONABLE SUSPICION HE WAS ENGAGED IN CRIMINAL ACTIVITY AT THE TIME DEFENDANT FLED; DEFENDANT’S SUPPRESSION MOTION SHOULD HAVE BEEN GRANTED (FOURTH DEPT).
PLAINTIFF LOAN SERVICING COMPANY WAIVED THE TIME OF THE ESSENCE PROVISION BY ITS RELENTLESS EFFORTS TO PREVENT THE FORECLOSURE SALE TO THE HIGHEST BIDDER (TO EXACT A HIGHER PRICE); THE SANCTIONS IMPOSED ON PLAINTIFF WERE NOT SUPPORTED BY A WRITTEN DECISION AS REQUIRED BY THE CONTROLLING REGULATION; SANCTIONS ASPECT REMITTED (FOURTH DEPT).
APPLICATION TO FILE LATE NOTICE OF CLAIM SHOULD NOT HAVE BEEN GRANTED. NO SHOWING OF DEFENDANT’S TIMELY AWARENESS OF THE INJURIES.
TEMPORARY ROAD WORK TRAFFIC CONTROL MAY HAVE FURNISHED THE CONDITION FOR THE ACCIDENT BUT WAS NOT THE PROXIMATE CAUSE OF THE DRIVER STRIKING THE PEDESTRIAN PLAINTIFF, SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED TO THE ROAD WORK DEFENDANTS (FOURTH DEPT))
Erroneous Admission of Evidence of Specific Prior Crimes and Bad Acts Required Reversal
Multiplicitous Indictment Counts Dismissed/Warrantless Search of Impounded Vehicle Upheld

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