[DOWNLOAD] "People State New York v. Jesus Nieves" by Court of Appeals of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Jesus Nieves
• Author : Court of Appeals of New York
• Release Date : January 26, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

[36 N.Y.2d 396 Page 397] Defendant was convicted, on his guilty plea, of the crime of attempted possession of gambling records (Penal Law, §§ 110.00, 225.15) in satisfaction of charges of promoting gambling, second degree (Penal Law, § 225.05) and possession of gambling records (Penal Law, § 225.15). He was charged and convicted on the basis of evidence seized from his person pursuant to a search warrant authorizing the search of certain premises, a named individual not the defendant, and any other persons occupying said premises. Defendant was one of two such other persons on the premises. Prior to his plea, he had moved to suppress the evidence so seized on the ground that the search warrant did not meet the particularity requirements of the Fourth Amendment and was in fact an impermissible general warrant. The motion was denied. The Appellate Term affirmed the conviction and defendant appeals. For reasons which follow, we conclude that defendant's conviction must be set aside.

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