Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. STEPHEN WESLEY, Respondent

MEMORANDUM. Order unanimously reversed on the law and matter remanded to the court below for a hearing and determination de novo.

We do not agree with the court below that shining an ultraviolet light on defendant's hands constituted a search (see United States v Lee, 274 U.S. 559; People v Anthony, 21 A.D.2d 666, cert den 379 U.S. 983). Nevertheless, if the initial detention or seizure of defendant was unlawful, the evidence thereafter acquired must be suppressed (People v Cantor, 36 N.Y.2d 106). We cannot determine, however, whether there were sufficient grounds for the seizure of defendant's person inasmuch as no hearing was held on the motion. The matter must therefore be remanded to the court below for determination de novo following a hearing at which the facts surrounding the seizure may be fully developed.

Concur: FARLEY, GLICKMAN and PITTONI, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. WESLEY
(May 20, 1976)