Public-domain · open source
OpenJurist

19 A.D.2d 809

People v. Lopez

Appellate Division of the Supreme Court of the State of New York · decided 1963-10-17

Decided 1963-10-17

Per Curiam.

¶1Defendant appeals from a conviction of criminally carrying a concealed weapon, as an attempt (Penal Law, §§ 2, 1897, subd. 5-a), upon his plea of guilty. The plea followed a denial, after a hearing, of a motion to suppress evidence.

¶2The issue presented on the motion was purely factual and the evidence was clearly sufficient to sustain the conclusion that the arresting officer saw the *810outline of a revolver in defendant’s .pocket and was warranted in the belief that defendant was carrying a concealed weapon, as he, in fact, was.

¶3The only question' on this appeal arises from the fact that the court, in denying the application, made no findings. The Second Department has directed that on every such motion the court should indicate by opinion or findings the facts on which he relies in reaching his conclusion (People v. Lombardi, 18 A D 2d 177). We ¡believe this to be a sound practice and it should be followed on future applications.

¶4In the instant case the record satisfactorily indicates the conclusions reached by the court and, as these are so amply supported in the evidence, we find that no useful purpose would be served by a remand for findings.

¶5The judgment of conviction should be affirmed.

¶6Breitel, J. P., McNally, Stevens, Eager and Steuer, JJ., concur.

¶7Judgment of conviction unanimously affirmed.

/19/ad2d/809 · .json · Public domain