Appellate Division of the Supreme Court of New York, 2004

People v. Bacon

People v. Bacon
Appellate Division of the Supreme Court of New York · Decided April 15, 2004
6 A.D.3d 241; 774 N.Y.S.2d 332; 2004 N.Y. App. Div. LEXIS 4521
People v. Bacon

Opinion of the Court

Appeal from judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 30, 2001, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, held in abeyance, and the matter remanded to Supreme Court, New York County, for a hearing on defendant’s motion to suppress evidence.

Defendant’s motion papers were sufficient to raise a question of fact as to the basis for his arrest (see People v Hightower, 85 NY2d 988 [1995]), specifically the issue of whether the arresting officer knew of the existence of an outstanding New York County warrant for defendant’s arrest. Concur—Buckley, P.J., Tom, Sullivan and Williams, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.