PEOPLE v. DRAIN


135 A.D.2d 1137 (1987)

The People of the State of New York, Appellant, v. David Drain, Respondent

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

December 18, 1987


Order unanimously reversed on the law, defendant's motion to suppress denied, and matter remitted to Erie County Court for further proceedings on the indictment.

Memorandum:

Although the police illegally seized evidence consisting of cash and a checkbook from defendant's car, it may be admitted on defendant's prosecution for perjury allegedly committed after the search (United States v Raftery, 534 F.2d 854, cert...

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