PEOPLE v. MEZON


80 N.Y.2d 155 (1992)

The People of the State of New York, Respondent, v. Erasmo Mezon, Appellant.

Court of Appeals of the State of New York.

Decided October 22, 1992.


Attorney(s) appearing for the Case

Bennett L. Gershman, White Plains, for appellant.

Carl A. Vergari, District Attorney of Westchester County, White Plains (Richard Longworth Hecht and Richard E. Weill of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur; Judge SMITH taking no part.


TITONE, J.

CPL 710.60 (1) provides that pretrial motions to suppress evidence must be made "in writing and upon reasonable notice to the people." The issue in this appeal is whether the People may effectively waive compliance with this statutory requirement. Although we conclude that a waiver is permissible, we nonetheless hold that in this case defendant's oral motion should not have been considered because...

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