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PEOPLE STATE NEW YORK v. GEORGE W. HERBISON (10/16/68)

COURT OF APPEALS OF NEW YORK


decided: October 16, 1968.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
GEORGE W. HERBISON, APPELLANT

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

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, ยง 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.

 Disposition

Judgment reversed and information dismissed.

19681016

© 1998 VersusLaw Inc.



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