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PEOPLE v. BENTHALL

65 N.Y.2d 679 (1985)

The People of the State of New York, Appellant, v. Larry Benthall, Respondent.

Court of Appeals of the State of New York.

Decided May 30, 1985.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Ronald G. Blum and Robert M. Pitler of counsel), for appellant.

Philip L. Tomich for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and KAYE concur; Judges ALEXANDER and TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed. The finding of the courts below that the statements in question were not sufficiently attenuated from the initial unlawful search has support in the record and thus presents a mixed question of law and fact beyond our review (see, People v Van Luven, 64 N.Y.2d 625, 627). In addition, while the People contend...

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