People v. Schwimmer

OPINION OF THE COURT

Richard W. Wallach, J.

What are the constitutional limitations of covert police activity when conducted against a charged and arraigned defendant in the absence of his counsel? And which side shall properly bear the burden of proof in justification of such a *981police operation when defendant moves, as here, to suppress the damning evidence of his guilt obtained by such official stealth and cunning?

On September 19, 1977, Arun Kothari, an Indian diamond merchant, picked up a $150,000 diamond shipment at the United States Customs House in lower Manhattan and entered the subway.…