PEOPLE v. MENDEZ


28 N.Y.2d 94 (1971)

The People of the State of New York, Respondent, v. America Mendez, Appellant.

Court of Appeals of the State of New York.

Decided March 3, 1971.


Attorney(s) appearing for the Case

Steven W. Wolfe and Charles A. Wolfe for appellant.

Eugene Gold, District Attorney (Helman R. Brook of counsel), for respondent.

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


GIBSON, J.

The narrow question presented is this: Where the police obtain the name of a witness by means of an illegal wiretap at the defendant's premises, may the evidence voluntarily supplied by that witness upon police interrogation be used against the defendant? Or is this witness' testimony to be excluded as forbidden fruit of the poisonous tree?

Defendant was charged with the crime of abortion under...

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