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People v. Timothy

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1977
56 A.D.2d 936 (N.Y. App. Div. 1977)

Opinion

March 28, 1977


Appeal by the People from an order of the County Court, Rockland County, dated September 2, 1976, which, after a hearing, granted defendants' separate motions to suppress (1) physical evidence seized from them and (2) all confessions or admissions made by them to police officers. Order affirmed. The record supports the determination of the County Court that there was no probable cause for the arrests (see People v Russell, 34 N.Y.2d 261) and that the subsequent confessions, made after Miranda warnings were given, did not "attenuate the taint of an unconstitutional arrest" (see Brown v Illinois, 422 U.S. 590, 602). Martuscello, Acting P.J., Cohalan, Rabin and Mollen, JJ., concur.


Summaries of

People v. Timothy

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1977
56 A.D.2d 936 (N.Y. App. Div. 1977)
Case details for

People v. Timothy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TIMOTHY M.L. and MELVIN…

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

Date published: Mar 28, 1977

Citations

56 A.D.2d 936 (N.Y. App. Div. 1977)