PEOPLE v. FLOYD


26 N.Y.2d 558 (1970)

The People of the State of New York, Respondent, v. Herman Floyd, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1970.


Attorney(s) appearing for the Case

Abraham Werfel for appellant.

Thomas J. Mackell, District Attorney (Sandra C. Katz of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN, JASEN and GIBSON concur; Judge SCILEPPI taking no part.


BREITEL, J.

Because the police, otherwise authorized to make a lawful arrest, effected the arrest by unlawful means, the evidence obtained as a result of the arrest may not be used and defendant's conviction must be reversed and the indictment dismissed. This result is required as a consequence of the application of the search and seizure provision of the Federal Constitution to the States under the Fourteenth...

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