Legal Opinion

People v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1980PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: While the initial police detention of the defendant lacked probable cause and was therefore illegal (Dunaway v New York, 442 US 200; People v Misuis, 47 NY2d 979), his confession was not gained through the exploitation of this illegality. Instead, he made inculpatory statements only after the police, by virtue of their having obtained a statement from a codefendant which clearly implicated the defendant in these crimes, had obtained the probable cause necessary for a legal arrest (see People v Berzups, 49 NY2d 417). Since these admissions were…

2Cases cited3 opinions

  1. Dunaway v. New YorkSupreme Court of the United States · 1979
  2. People v. BerzupsNew York Court of Appeals · 1980
  3. People v. MisuisNew York Court of Appeals · 1979

3Cited by5 opinions

  1. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. McNeeleyAppellate Division of the Supreme Court of the State of New York · 1980
  3. People v. RyanAppellate Division of the Supreme Court of the State of New York · 1986
  4. People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. StrangeAppellate Division of the Supreme Court of the State of New York · 1993

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