PEOPLE v. MILASKI


62 N.Y.2d 147 (1984)

The People of the State of New York, Respondent, v. Derek John Milaski, Appellant.

Court of Appeals of the State of New York.

Decided May 17, 1984.


Attorney(s) appearing for the Case

John L. Perticone, Acting Public Defender (Thomas A. Saitta of counsel), for appellant.

Patrick H. Mathews, District Attorney (Joann Rose Parry of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER, MEYER, SIMONS and KAYE concur.


JONES, J.

We hold as a matter of law that in the circumstances disclosed in this record defendant was illegally detained and accordingly that the shotgun seized in consequence of that detention should have been suppressed as well as statements subsequently obtained from him in direct exploitation of the seizure of the shotgun.

About 4:00 A.M. on October 29, 1981, State Troopers Joseph Micilcavage and...

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