New York Court of Appeals
The People of the State of New York, Respondent v. Reynaldo Concepcion, Appellant
June 14, 201117 N.Y.3d 192
Summary
The Court reversed the Appellate Division’s affirmation of the denial of suppression because the trial court had ruled in the appellant’s favor on consent, applying LaFontaine’s restriction on appellate review, and remanded for further proceedings on the motion to suppress; it held that the weapon‑possession and assault convictions are not affected by the error. Justice Smith dissented, arguing that LaFontaine is a mistaken rule that should be overruled and that the majority’s decision improperly overturns the Appellate Division’s judgment.