Appellate Division Orders New Suppression Hearing
On June 29, 2017, the Appellate Division, First Department found that our client S.S. received ineffective assistance of counsel when his trial lawyer failed to argue at a suppression hearing that there were no exigent circumstances justifying the warrantless search of his bag incident to his arrest. The First Department reasoned that S.S. presented substantial arguments for suppression on that ground on appeal, and that additional fact-finding was necessary to develop the record with respect to the precise circumstances of the search. As a result, the court held the appeal in abeyance and remitted the case to the Supreme Court for a new suppression hearing. Our client is represented by Hunter Haney.