People v. Johnson
Appellate Division of the Supreme Court of the State of New York
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
- Dunaway v. New YorkSupreme Court of the United States · 1979
- People v. BerzupsNew York Court of Appeals · 1980
- People v. MisuisNew York Court of Appeals · 1979
3Cited by5 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. McNeeleyAppellate Division of the Supreme Court of the State of New York · 1980
- People v. RyanAppellate Division of the Supreme Court of the State of New York · 1986
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1993
- People v. StrangeAppellate Division of the Supreme Court of the State of New York · 1993