People v. Milaski
New York Court of Appeals
POINTS OF COUNSEL I. Appellant’s admissions and the shotgun seized from his car should have been suppressed as the products of an illegal seizure. (People v Cantor, 36 NY2d 106; Brown v Illinois, 422 US 590; People v De Bour, 40 NY2d 210; People v Sobotker, 43 NY2d 559; People v Ingle, 36 NY2d 413; People v Rodney P. [Anonymous], 21 NY2d 1; People v Carrasquillo, 54 NY2d 248; People v Duncan, 75 AD2d 823; People v Engle, 74 AD2d 583; People v Taylor, 76 AD2d 892.) II.
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POINTS OF COUNSEL I. Appellant’s admissions and the shotgun seized from his car should have been suppressed as the products of an illegal seizure. (People v Cantor, 36 NY2d 106; Brown v Illinois, 422 US 590; People v De Bour, 40 NY2d 210; People v Sobotker, 43 NY2d 559; People v Ingle, 36 NY2d 413; People v Rodney P. [Anonymous], 21 NY2d 1; People v Carrasquillo, 54 NY2d 248; People v Duncan, 75 AD2d 823; People v Engle, 74 AD2d 583; People v Taylor, 76 AD2d 892.) II. The shotgun and appellant’s subsequent admissions should have been suppressed as the products of an illegal search. (Coolidge…
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
We hold as a matter of law that in the circumstances disclosed in this record defendant was illegally detained and accordingly that the shotgun seized in consequence of that detention should have been suppressed as well as statements subsequently obtained from him in direct exploitation of the seizure of the shotgun.
About 4:00 a.m. on October 29, 1981, State Troopers Joseph Micilcavage and William Phillips were on a routine patrol during which they stopped to check a vehicle which was parked with its lights out in a parking area at the end of a dead-end road. The…
2Cases cited6 opinions
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Florida v. RoyerSupreme Court of the United States · 1983
- Brown v. IllinoisSupreme Court of the United States · 1975
- Sibron v. New YorkSupreme Court of the United States · 1968
- People v. De BourNew York Court of Appeals · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- People v. GarciaNew York Court of Appeals · 2012
- People v. BanksNew York Court of Appeals · 1995
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. Miret-GonzalezAppellate Division of the Supreme Court of the State of New York · 1990
- People v. WoodsAppellate Division of the Supreme Court of the State of New York · 1993
48 more not listed; retrieve them via the Exa API.