PEOPLE v. ARNAU


58 N.Y.2d 27 (1982)

The People of the State of New York, Appellant, v. Ricardo Arnau, Respondent.

Court of Appeals of the State of New York.

Decided December 15, 1982.


Attorney(s) appearing for the Case

Elizabeth Holtzman, District Attorney (Alan D. Rubinstein and Barbara D. Underwood of counsel), for appellant.

Donald I. Marlin for respondent.

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


JASEN, J.

The issue raised on this appeal is whether evidence seized pursuant to a valid search warrant obtained after the police illegally entered defendant's apartment should be suppressed even though the search warrant was obtained on the basis of information gathered from lawful sources prior to and independent of the illegal entry.

On June 21, 1977, at 3:55 P.M., an undercover police officer purchased...

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