People v. Otero, 51 A.D.3d 553 (N.Y. App. Div. 2008). · Go Syfert
People v. Otero, 51 A.D.3d 553 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
3 citation events across 3 distinct courts.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Smith
N.Y. Crim. Ct. · 2025 · confidence medium
Gursey and VTL 1194 hearings are also ordered ( see People v Mendoza , 82 NY2d 415, 429-30 [1993] ["considerations of judicial economy militate in favor" of granting hearings rather than summarily denying for perceived pleading deficiencies when "the hearing is grounded in the same facts involving the same police witnesses" as other hearings granted by the court]; People v Otero , 51 AD3d 553, 554 [1st Dept 2008] ["the interest of judicial economy militates in favor of the court's conducting a hearing on the entire suppression motion in the exercise of its discretion despite a perceived pleadi…
discussed Cited as authority (rule) People v. Williams
nycountyct · 2013 · confidence medium
The court notes at the outset that as defendant may rely on the People’s proof to establish standing (see CPL 710.60 [1]; People v Burton, 6 NY3d 584, 588-589 [2006]), and as his suppression claims are grounded in essentially the same facts involving at least one of the same police witnesses, considerations of judicial economy militated in favor of conducting the hearing, notwithstanding any pleading deficiencies in defendant’s papers (see People v Mendoza, 82 NY2d 415, 429-430 [1993]; People v Otero, 51 AD3d 553, 554 [1st Dept 2008]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Ismael Otero
Appellate Division of the Supreme Court of the State of New York.
May 22, 2008.
51 A.D.3d 553
Cited by 3 opinions  |  Published

Appeal from judgment, Supreme Court, New York County[*554] (Budd G. Goodman, J.), rendered October 6, 2005, convicting defendant, upon his guilty plea, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, held in abeyance, and the matter remanded for a hearing on defendant’s suppression motion.

Although the court granted defendant a Dunaway hearing on the issue of whether an undercover officer’s identification of defendant was the fruit of an unlawful seizure, it summarily denied defendant’s motion to suppress physical evidence. As the People concede, defendant is entitled to a hearing on his motion to suppress money recovered from his person. However, contrary to the People’s argument, we find that the hearing should also encompass defendant’s motion to suppress evidence recovered from a jacket found on a windowsill in defendant’s vicinity. Defendant’s moving papers were sufficient to assert a reasonable expectation of privacy (see People v Ramirez Portoreal, 88 NY2d 99, 110 [1996]) in the jacket, at least for pleading purposes. In any event, we note that the claim involving the jacket is “grounded in the same facts involving the same police witnesses” (People v Mendoza, 82 NY2d 415, 429 [1993]) as the claims regarding which defendant is undisputedly entitled to a hearing, and “given that CPL 710.60 (3) merely permits, but does not mandate summary denial, the interest of judicial economy militates in favor of the court’s conducting a hearing on the [entire] suppression motion in the exercise of its discretion despite a perceived pleading deficiency” (People v Rivera, 42 AD3d 160, 161 [2007]). Concur—Lippman, P.J., Andrias, Nardelli, Acosta and DeGrasse, JJ.