People v. Rossi
People v. Rossi
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, defendant’s motion granted to the extent of suppressing the arresting officer’s testimony concerning defendant’s postarrest conduct, and the indictment dismissed.
Defendant was arrested during the course of an investigation of illegal gambling activities allegedly being conducted in
While the jacket was properly admitted in evidence as the product of the warrant execution (see, People v Arnau, 58 NY2d 27, 32-35), the jacket has no incriminating value against defendant absent evidence connecting defendant to it. The necessary connecting evidence was supplied by the arresting officer’s testimony concerning defendant’s conduct upon his concededly unlawful arrest and asportation to room 406. This should have been suppressed as it resulted, not from the lawful execution of a valid search warrant, but from defendant’s wrongful arrest (see, Wong Sun v United States, 371 US 471, 485-486). Accordingly, defendant’s suppression motion should have been granted in part. Because this testimony was the only evidence connecting defendant with the jacket, and the jacket was the only direct link between defendant and the gambling activities, the indictment should have been dismissed.
In view of our disposition, we do not decide defendant’s remaining contention.
Chief Judge Wachtler and Judges Simons, Kaye, Titone,
Order reversed, etc.
Reference
- Full Case Name
- The People of the State of New York v. James Rossi
- Cited By
- 34 cases
- Status
- Published