PEOPLE v. MONK


50 A.D.3d 925 (2008)

854 N.Y.S.2d 784

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRANCE MONK, Appellant.

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

Decided April 15, 2008.


Ordered that the judgment is affirmed.

In his pretrial omnibus motion, the defendant sought, inter alia, to suppress his confession, arguing that it was the fruit of an illegal arrest. We agree that the arrest was unlawful (see Payton v New York, 445 U.S. 573, 576 [1980]; People v Levan, 62 N.Y.2d 139, 144 [1984]). However, under the circumstances of this case, there was sufficient attenuation...

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