New York Court of Appeals June 7, 1983 (People v. Dory)

OPINION OF THE COURT

Meyer, J.

The discretion granted a Trial Judge by the authorization of “other appropriate action” contained in CPL 240.70 (subd 1) includes vacatur of a suppression order entered by a hearing Judge of co-ordinate jurisdiction, the suppression order having been predicated not upon any Fourth Amendment violation, but upon the People’s denial of possession of any suppressible