PEOPLE v. ERWIN


42 N.Y.2d 1064 (1977)

The People of the State of New York, Respondent, v. Clement Erwin, Appellant.

Court of Appeals of the State of New York.

Decided October 13, 1977.


Attorney(s) appearing for the Case

Theodore Rosenberg for appellant.

Eugene Gold, District Attorney (Ellen M. Coin of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division is reversed, the judgment vacated, the motion to suppress granted and the case remitted to Supreme Court for further proceedings on the indictment. The court, after a pretrial hearing, improperly denied defendant's motion to suppress certain evidence as the products of an illegal search and seizure. Although the officers had reasonable cause to stop defendant for driving through...

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