Attorney(s) appearing for the Case
Harry Peltz, Jr., James J. McDonough and Matthew Muraskin for appellant.
William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.
Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur.
Court of Appeals of the State of New York.
This appeal presents the issue of whether evidence improperly obtained by a private citizen is admissible in a criminal prosecution.
Defendant was apprehended outside of the S. Klein Department Store, Hempstead, New York, by two store detectives for allegedly stealing an aerator (a small water faucet device). He was taken to the office of the store's security manager and emptied his pockets...
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