People v. Feliciano — 25 A.D.2d 601

Majority

p. 601

Fourth Department,

February, 1966

(February 17, 1966)

The People of the State of New York, Respondent, v. Pablo Feliciano, Appellant.

-Judgment unanimously reversed and indictment dismissed. Memorandum: Following argument and submission of this appeal an intermediate order denying a motion to suppress certain evidence was reversed and that pretrial proceeding remanded to Erie County Court ( 23 A D 2d 806 ). Thereafter, an order was made 'by County Court suppressing the evidence upon a finding that the search warrant was invalid. The court is informed by the District Attorney that he does not seek a review of the correctness of that determination. He further concedes that in the absence of the suppressed evidence a new trial would be futile. (Appeal from judgment of Erie County Court convicting defendant of contriving a lottery in violation of sections 1370 and 1372 of the Penal Law, and possession of policy slips in violation of section 975 of the Penal Law.)

Present — Williams, P. J., Bastow, Henry and Del

Vecehio, JJ.