PEOPLE v. TINDAL


69 A.D.2d 58 (1979)

The People of the State of New York, Appellant, v. Curtis Tindal, Respondent

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

July 13, 1979


Attorney(s) appearing for the Case

Lawrence T. Kurlander (Melvin Bressler of counsel), for appellant.

Robert M. Hardies for respondent.

CARDAMONE, J. P., SCHNEPP, CALLAHAN and DOERR, JJ., concur.


SIMONS, J.

The issue in this rape case is the extent to which the exclusionary rule forecloses the use of evidence otherwise lawfully acquired by the police but obtained by them after defendant had been identified by the victim in an improper identification procedure. The hearing court believed the improper identification procedures tainted the after-acquired evidence and suppressed not only the victim's identification...

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