People v. Herbison

22 N.Y.2d 946 (1968)

The People of the State of New York, Respondent,

v.

George W. Herbison, Appellant.

Court of Appeals of the State of New York.

Argued October 7, 1968.

Decided October 16, 1968.

Leon Kesner and James D. Saver for appellant.

George J. Aspland, District Attorney (Thomas J. Klei of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

Judgment reversed and information dismissed. There was no probable cause for the arrest of defendant. His confession immediately followed this unlawful arrest, and must be considered inadmissible…