(DOWNLOAD) "People State New York v. Michael Puglisi" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Michael Puglisi
- Author : Supreme Court of New York
- Release Date : January 10, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
[51 A.D.2d 695 Page 695] After following a taxicab for about 15 minutes in which defendant and two other passengers were riding, the police officers, acting upon a hunch, halted the cab. One of the police officers then observed defendant attempting to secrete a weapon under the rear seat. Following his arrest, the defendant admitted ownership of the weapon. On three different occasions following his original detention, the last two being in the police precinct, the defendant offered the officers $300, $1,000 and $5,000 to drop the charges against him. Under the circumstances outlined in the record, there was no probable cause to stop the cab and detain the defendant and his companions (People v Johnson, 30 N.Y.2d 929; People v Cantor, 36 N.Y.2d 106). Even reasonable suspicion was absent, assuming arguendo that such was the standard to apply in assessing the conduct of the police (cf. People v Moore, 32 N.Y.2d 67). Accordingly, the seizure of the weapon, and the statement of the defendant admitting its ownership, must be suppressed (Sibron v United States, 392 U.S. 40, 62; People v Rodriguez, 11 N.Y.2d 279, 286). However, the bribe offers allegedly made by the defendant were independent acts, of his own volition, and as such were so attenuated as to be purged of the taint of the illegal stop and detention (People v Munger, 37 A.D.2d 950, app dismd 33 N.Y.2d 576). The police did not exploit their original illegal action so as to provoke the defendant into making the bribe offers (Vinyard v United States, 335 F2d 176, 183, cert den 379 U.S. 930; Wong Sun v United States, 371 U.S. 471, 488). Consequently, these offers are admissible into evidence. Hence, the second count should be returned to the trial court in accordance with this order. With respect to the defendant's attack on the quality of the tapes of his conversations with the police, it has already been determined below that the [51 A.D.2d 695 Page 696]
 "People State New York v. Michael Puglisi" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}