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PEOPLE v. YOUNG

55 N.Y.2d 419 (1982)

The People of the State of New York, Respondent, v. Warren Young, Appellant.

Court of Appeals of the State of New York.

Decided April 7, 1982.

Attorney(s) appearing for the Case

Barry D. Leiwant, William E. Hellerstein and Thomas H. Busch for appellant.

Mario Merola, District Attorney (Philip Foglia and Peter D. Coddington of counsel), for respondent.

Judges JASEN, GABRIELLI and JONES concur with Judge WACHTLER; Judge FUCHSBERG concurs in a separate opinion; Judge MEYER dissents and votes to reverse in an opinion in which Chief Judge COOKE concurs.

WACHTLER, J.

The question presented for our review on this appeal is whether in a criminal proceeding police officers may properly be allowed to testify to the underlying facts and circumstances surrounding appellant's unlawful arrest notwithstanding the suppression of both physical evidence seized from appellant at the time of his arrest and testimony regarding an unlawful showup conducted immediately after...

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