People v. Abruzzi
| Decision Date | 12 May 1977 |
| Citation | 42 N.Y.2d 813,396 N.Y.S.2d 649 |
| Court | New York Court of Appeals Court of Appeals |
| Parties | , 364 N.E.2d 1342 The PEOPLE of the State of New York, Appellant, v. William ABRUZZI, Respondent. |
Order affirmed on the opinion by Mr. Justice Samuel Rabin at the Appellate Division (52 A.D.2d 499, 385 N.Y.S.2d 94).
All concur except JASEN, J., who dissents and votes to reverse in the following memorandum: I would reverse the order of the Appellate Division and reinstate the judgment of conviction for the crime of sexual abuse in the first degree for the reasons stated in the opinion by Judge Joseph Jiudice of Dutchess County Court. I also agree with so much of the dissenting opinion by Mr. Justice James D. Hopkins at the Appellate Division as states that the doctrine of the taint of the poisonous tree should not be extended to include evidence of the personal observation by a police officer of a crime committed in his presence.
To continue reading
Request your trial
-
People v. Vernon B.
...480 U.S. at 300–301, 107 S.Ct. 1134 [1987];People v. Abruzzi, 52 A.D.2d 499, 385 N.Y.S.2d 94 [2nd Dept.1976], affd.42 N.Y.2d 813, 396 N.Y.S.2d 649, 364 N.E.2d 1342 [1977] ). This conclusion is, not coincidentally, consistent with New York's statutory definition of trespass, which would appl......
-
People v. Quattrachi
...v. Gleeson, 36 N.Y.2d 462, 369 N.Y.S.2d 113, 330 N.E.2d 72; People v. Abruzzi, 52 A.D.2d 499, 385 N.Y.S.2d 94, affd., 42 N.Y.2d 813, 396 N.Y.S.2d 649, 364 N.E.2d 1342). At the time the agents entered, they had only a vague suspicion, based upon an anonymous telephone call, that defendants w......
-
People v. Theodore
...( see People v. Saurini, 201 A.D.2d 869, 607 N.Y.S.2d 518;People v. Abruzzi, 52 A.D.2d 499, 385 N.Y.S.2d 94,affd.42 N.Y.2d 813, 396 N.Y.S.2d 649, 364 N.E.2d 1342;United States v. Wells, 648 F.3d 671, 677;United States v. Howe, 414 Fed.Appx. 579, 581;Lundstrom v. Romero, 616 F.3d 1108, 1128–......
-
People v. O'Dell
...59 N.Y.2d 121, 126–127, 463 N.Y.S.2d 753, 450 N.E.2d 673 ; People v. Abruzzi, 52 A.D.2d 499, 504, 385 N.Y.S.2d 94, affd. 42 N.Y.2d 813, 396 N.Y.S.2d 649, 364 N.E.2d 1342, cert. denied 434 U.S. 921, 98 S.Ct. 396, 54 L.Ed.2d 278 ). Even assuming, arguendo, that the observations of the police ......