PEOPLE v. MARTINEZ


37 N.Y.2d 662 (1975)

The People of the State of New York, Respondent, v. Benny Martinez, Appellant.

Court of Appeals of the State of New York.

Decided October 28, 1975.


Attorney(s) appearing for the Case

Gregory G. Jones for appellant.

Nicholas Ferraro, District Attorney (Thomas A. Duffy, Jr., of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN and JONES concur with Judge GABRIELLI; Judge WACHTLER concurs in a separate opinion in which Judge COOKE concurs; Judge FUCHSBERG concurs in another separate opinion.


GABRIELLI, J.

Defendant's conviction, following a jury verdict, of the crime of felony murder (Penal Law, § 125.25, subd 3) has been affirmed by an unanimous Appellate Division. As we choose to frame it, the dispositive issue presented on this appeal may be posed as follows: did the illegality of the initial "stop" of the automobile in which defendant was a passenger taint the arrest for illegal possession...

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