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MATTER OF BOYD v. CONSTANTINE

81 N.Y.2d 189 (1993)

In the Matter of Jon C. Boyd, Respondent, v. Thomas A. Constantine, as Superintendent of the New York State Police, Appellant.

Court of Appeals of the State of New York.

Decided April 8, 1993.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Leslie B. Neustadt, Jerry Boone and Peter H. Schiff of counsel), for appellant.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo (John A. Collins and Vincent A. Tobia of counsel), for respondent.

O. Peter Sherwood, Corporation Counsel of New York City (Ellen B. Fishman and Leonard Koerner of counsel), for City of New York, amicus curiae.

Chief Judge KAYE and Judges SIMONS, HANCOCK, JR., and BELLACOSA concur with Judge SMITH; Judge TITONE dissents and votes to affirm in a separate opinion.

SMITH, J.

The issue presented on this appeal is whether evidence that is the product of an unlawful search by the Buffalo City Police, and is suppressed in a criminal prosecution, may be used in an administrative proceeding commenced by the Division of State Police.

On September 14, 1989, at approximately 2:00 A.M., two Buffalo City police officers observed petitioner and another man in the back seat...

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