People v. Erby

Appellate Division of the Supreme Court of New York

People v. Erby

17 A.D.2d 839, 233 N.Y.S.2d 281, 1962 N.Y. App. Div. LEXIS 7727

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1962

StatusPublished

This text of 17 A.D.2d 839 (People v. Erby) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Erby, 17 A.D.2d 839, 233 N.Y.S.2d 281, 1962 N.Y. App. Div. LEXIS 7727 (N.Y. Ct. App. 1962).

Pincite

Opinion

Appeal by defendant from a judgment of the Court of Special Sessions of the City of New York, Borough of' Brooklyn, rendered March 12, 1962 after trial, convicting him of petit larceny and imposing sentence. The People join in the prayer that the judgment be reversed and the information dismissed. Judgment reversed on the law and the facts and information dismissed. The conviction rests upon evidence obtained as a result of an illegal arrest and search of the defendant. It was a violation of defendant’s constitutional rights to admit, over proper objection, the evidence thus obtained (People v. Moore, 11 N Y 2d 271; People v. Yarmosh, 11 N Y 2d 397). Beldock, P. J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.

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Appeal by defendant from a judgment of the Court of Special Sessions of the City of New York, Borough of' Brooklyn, rendered March 12, 1962 after trial, convicting him of petit larceny and imposing sentence. The People join in the prayer that the judgment be reversed and the information dismissed. Judgment reversed on the law and the facts and information dismissed. The conviction rests upon evidence obtained as a result of an illegal arrest and search of the defendant. It was a violation of defendant’s constitutional rights to admit, over proper objection, the evidence thus obtained (People v. Moore, 11 N Y 2d 271; People v. Yarmosh, 11 N Y 2d 397). Beldock, P. J., Kleinfeld, Christ, Hill and Hopkins, JJ., concur.

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Bluebook (online)

17 A.D.2d 839, 233 N.Y.S.2d 281, 1962 N.Y. App. Div. LEXIS 7727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-erby-nyappdiv-1962.