PEOPLE v. ZIMMERMAN


117 Misc.2d 121 (1982)

The People of the State of New York, Plaintiff, v. Paul Zimmerman, Defendant.

Supreme Court, Criminal Term, Suffolk County.

December 29, 1982


Attorney(s) appearing for the Case

Patrick Henry, District Attorney (Frank A. Tinari and Laurence LaPointe of counsel), for plaintiff. John Joseph Sutter for defendant.


JOSEPH JASPAN, J.

The primary question presented here is whether the exclusionary rule should be invoked in a case where the police acting in good faith made a judgmental error in relying on defendant's apparent consent to search the trunk of an automobile parked in a public place.

Subsidiary issues exist with respect to the interpretation of People v Boodle (47 N.Y.2d 398), and People v Middleton...

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