People v. Abruzzi

Hopkins, Acting P. J. (dissenting).

I dissent and vote to affirm. Even though the acts of the defendant were observed by the police investigator in the course of an illegal search, the acts constituted, in themselves, an independent crime concerning which the observations of the officer were legal evidence. The doctrine of the taint of the poisonous tree should not be extended to infect evidence of the personal observation by a police officer of a crime committed in his presence.

The analysis upon which I base this conclusion takes into account the following:

1. There was sufficient time for a…