PEOPLE v. HANCOCK

2437, 4125/08

71 A.D.3d 566 (2010)

896 N.Y.S.2d 680

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EMANUEL HANCOCK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 25, 2010.


At the suppression proceedings, the only theory relied upon by the People in their argument, and by the court in its decision, was that a forged driver's license recovered from defendant's car after his arrest was admissible under the inevitable discovery doctrine. As the People concede, defendant is entitled to suppression because the inevitable discovery exception does not apply where "the evidence sought to be suppressed is the very evidence obtained in the illegal search...

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