New York Court of Appeals, 1968

People v. Herbison

New York Court of Appeals · Decided October 16, 1968

22 N.Y.2d 946; 295 N.Y.S.2d 162; 242 N.E.2d 394; 1968 N.Y. LEXIS 1087

Cases that cite this one

1 later published case cites this decision.

People v. Herbison (N.Y. 1968)

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 of the Court

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.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Behgan, Keating, Breitel and Jasen.

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