Majority
p. 900The People of the State of New York, Respondent, v Christopher Nenni, Appellant. [689 NYS2d 912]
—Case held, decision reserved and matter remitted to Orleans County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying defendant’s suppression motion without conducting a hearing. Defendant’s omnibus motion, which was argued before a different Judge, contained sworn statements that the evidence seized should be suppressed because the police lacked probable cause to stop the vehicle in which he was a passenger. The People denied defendant’s allegations and indicated that they were prepared to proceed with a hearing (see, CPL 710.60 [3], [4]; People v Youngblood, 210 AD2d 948 ). The Judge before whom the motion was argued orally granted defendant’s request for a hear
p. 901
ing, and thus his decision constitutes the law of the case (see, People v Broome, 151 AD2d 995 ; People v Johnson, 131 AD2d 696 , 697, Iv denied 70 NY2d 713 ). In any event, the successor Judge, who was not present for oral argument, was precluded from deciding the motion (see, Judiciary Law § 21; People v Cameron, 194 AD2d 438 ; People v Hooper, 22 AD2d 1006 ). Furthermore, the court erred in relying on the Grand Jury minutes in determining that a hearing was not necessary (see, People v Letts, 156 AD2d 868 , 869). We therefore hold the case, reserve decision and remit the matter to Orleans County Court for a suppression hearing. (Appeal from Judgment of Orleans County Court, Hannigan, J. — Robbery, 2nd Degree.) Present— Green, J. P., Lawton, Pigott, Jr., Scudder and Balio, JJ.
Cases cited
- People v. Johnson 131 AD2d 696 at 697 p. 901
- People v. Cameron 194 AD2d 438 p. 901
- People v. Letts 156 AD2d 868 at 869 p. 901