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People v. Burnie

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 581 (N.Y. App. Div. 1995)

Opinion

April 3, 1995

Appeal from the Supreme Court, Kings County (Beldock, J.).


Ordered that the judgment is affirmed.

The defendant contends that it was reversible error to admit into evidence testimony of a witness whose identity was obtained as a result of statements made by the defendant which had been suppressed by the hearing court. We disagree. The record shows that the witness made the independent decision to testify against the defendant. Thus, the witness's testimony was sufficiently attenuated from the illegality to be admissible at trial (see, United States v Ceccolini, 435 U.S. 268; People v McGrath, 46 N.Y.2d 12, cert denied 440 U.S. 972). Miller, J.P., O'Brien, Krausman and Florio, JJ., concur.


Summaries of

People v. Burnie

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 581 (N.Y. App. Div. 1995)
Case details for

People v. Burnie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY BURNIE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 3, 1995

Citations

214 A.D.2d 581 (N.Y. App. Div. 1995)
214 A.D.2d 581
624 N.Y.S.2d 462
624 N.Y.S.2d 463

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