PEOPLE v. ERBY


17 A.D.2d 839 (1962)

The People of the State of New York, Respondent, v. Nelson Erby, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 15, 1962


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...

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