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PEOPLE v. SMITH

66 A.D.2d 862 (1978)

The People of the State of New York, Appellant, v. Van Dyke Smith, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 26, 1978

Order affirmed insofar as appealed from.

In our view, the statements suppressed by Criminal Term were the "fruit" of defendant's concededly illegal arrest and contemporaneous search and were not, therefore, admissible in evidence against him (see Brown v Illinois, 422 U.S. 590; People v Stewart, 41 N.Y.2d 65, 70). People v Martinez (37 N.Y.2d 662

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