People v. Herbison
Cases that cite this one
3 later published cases cite this decision.
- People v. Lewis (Appellate Division of the Supreme Court of New York 1984)
- People v. Valerio (Appellate Division of the Supreme Court of New York 1978)
- People v. Anderson (N.Y. 1977)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The People of the State of New York, Respondent,
v.
George W. Herbison, Appellant.
Court of Appeals of the State of New York.
Leon Kesner and James D. Saver for appellant.
George J. Aspland, District Attorney (Thomas J. Klei of counsel), for respondent.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.
Judgment reversed and information dismissed. There was no probable cause for the arrest of defendant. His confession immediately followed this unlawful arrest, and must be considered inadmissible under the facts of this case. Had the confession been admissible, defendant's culpability could have been deemed established by entry into the premises by his accomplices (former Penal Law, § 2, defining "principal"; People v. Katz, 209 N.Y. 311, 325-326; People v. Henry, 18 A D 2d 293). The People admit the insufficiency of their case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.