People v. Herbison
This text of 242 N.E.2d 394 (People v. Herbison) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The People of the State of New York, Respondent,
v.
George W. Herbison, Appellant.
Court of Appeals of the State of New York.
Leon Kesner and James D. Saver for appellant.
George J. Aspland, District Attorney (Thomas J. Klei of counsel), for respondent.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.
Judgment reversed and information dismissed. There was no probable cause for the arrest of defendant. His confession immediately followed this unlawful arrest, and must be considered inadmissible under the facts of this case. Had the confession been admissible, defendant's culpability could have been deemed established by entry into the premises by his accomplices (former Penal Law, § 2, defining "principal"; People v. Katz, 209 N.Y. 311, 325-326; People v. Henry, 18 A D 2d 293). The People admit the insufficiency of their case.
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Cite This Page — Counsel Stack
242 N.E.2d 394, 22 N.Y.2d 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-herbison-ny-1968.