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eBook details

• Title: People State New York v. Melvin Johnson
• Author : Court of Appeals of New York
• Release Date : January 26, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

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[66 N.Y.2d 398 Page 400] Opinion OF THE COURT Defendant has been convicted by a jury of felony murder and related crimes arising from the slaying of a storeowner during a robbery. The evidence against defendant included two inculpating post-arrest statements he made which he contends were improperly received in evidence because he was arrested without probable cause and the statements were products of that unlawful arrest. The arrest was unlawful, defendant contends, because the police acted solely upon hearsay information given them by a suspect named Bolivar Abreu whose information did not satisfy the reliability requirement of the Aguilar-Spinelli rule (see, Aguilar v Texas, 378 U.S. 108; Spinelli v United States, 393 U.S. 410). The People assert the information was reliable because it contained admissions by Abreu against his penal interest, it was corroborated by independent investigation by the police and, failing these, because the hearsay supplied probable cause under the totality of the circumstances standards of Illinois v Gates (462 U.S. 213; see also, Massachusetts v Upton, 466 U.S. 727). We find no basis for reliability under the Aguilar-Spinelli rules and we decline to apply Illinois v Gates to warrantless arrests. Inasmuch as there was no attenuation of the unlawful police conduct, the judgment must be reversed and defendant's statements suppressed.

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