PEOPLE v. SMITH


113 Misc.2d 267 (1982)

The People of the State of New York, Plaintiff, v. Eric Smith, Defendant.

Supreme Court, Westchester County.

March 16, 1982


Attorney(s) appearing for the Case

Thomas & Sykes (Michael Thomas of counsel), for defendant. Carl A. Vergari, District Attorney (Joseph West of counsel), for plaintiff.


DUNCAN S. McNAB, J.

Defendant Eric Smith has been charged in the above-noted indictment with two counts of murder, second degree, two counts of robbery, second degree, and two counts of criminal possession of a weapon, second degree. The instant motion, in which defendant seeks certain relief under the so-called "fruit of the poisonous tree" doctrine, comes before the court in a rather unusual posture. On January 6, 1982, after a pretrial Huntley<...

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