People v. Martinez

Defendant’s conviction, following a jury verdict, of the crime of felony murder (Penal Law, § 125.25, subd 3) has been affirmed by an unanimous Appellate Division. As we choose to frame it, the dispositive issue presented on this appeal may be posed as follows: did the illegality of the initial "stop” of the automobile in which defendant was a passenger taint the arrest for illegal possession of a firearm and thus, perforce, the subsequent station house interrogation of the defendant concerning the homicide for which he was ultimately convicted. If this question is answered in the…