Legal Opinion

People v. Smith

New York Supreme Court

Decided March 16, 1982Published

1Opinion of the Court

opinion of the court

Duncan S. McNab, J.

Defendant Eric Smith has been charged in the above-noted indictment with two counts of murder, second degree, two counts of robbery, second degree, and two counts of criminal possession of a weapon, second degree. The instant motion, in which defendant seeks certain relief under the so-called “fruit of the poisonous tree” doctrine, comes before the court in a rather unusual posture. On January 6, 1982, after a pretrial Huntley hearing, this court suppressed certain statements defendant had given the police, the court finding that the statements had been…

2Cases cited4 opinions

  1. Harris v. New YorkSupreme Court of the United States · 1971
  2. Harrison v. United StatesSupreme Court of the United States · 1968
  3. People v. CunninghamNew York Court of Appeals · 1980
  4. People v. EvansAppellate Division of the Supreme Court of the State of New York · 1981

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