People v. Powers

Green, J. P.,

(dissenting). I respectfully dissent. County Court granted the motion of defendant to suppress physical evidence on the ground that his apartment was illegally searched pursuant to a warrant that was not supported by probable cause. The court erred in denying his motion to suppress his statements to the police as the “fruit of the poisonous tree” (Nardone v United States, 308 US 338, 341; see, Wong Sun v United States, 371 US 471, 487-488). In my view, the statements of defendant flowed directly from his detention and arrest based upon the illegal search, and the People failed to…