September 13, 2013
- 110 Criminal Law
- 110XVII Evidence
- 110XVII(I) Competency in General
- 110k392.1 Wrongfully Obtained Evidence
- 110k392.39 Extent of Exclusion; “Fruit of the Poisonous Tree”
- 110k392.39(8) Exceptions
- 110k392.39(11) k. Causal Nexus; Independent Discovery or Basis or Source.
Defendant is not himself a suppressible “fruit” of an illegal stop, and the alleged illegality of his detention cannot deprive Government of the opportunity to prove his guilt through introduction of evidence wholly untainted by the police misconduct.
People v. Watkins, 837 N.Y.S.2d 7 (2007)