# People v. Martinez

> New York Court of Appeals · October 28, 1975 · 37 N.Y.2d 662

URL: https://www.frixlaw.com/law-library/cases/5529947

## Case

- **Full name:** The People of the State of New York v. Benny Martinez
- **Court:** New York Court of Appeals
- **Decided:** October 28, 1975
- **Citations:** 37 N.Y.2d 662; 376 N.Y.S.2d 469; 339 N.E.2d 162; 1975 N.Y. LEXIS 2204
- **Precedential status:** Published
- **Opinion:** Concurrence by Fuchsberg
- **Judges:** Fuchsberg, Gabrielli, Wachtler
- **Cited by:** 81 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5529947

## Opinion text

Fuchsberg, J.
(concurring). The finding that the statements whose admission is at the heart of this appeal were not "the fruits” of the arrest and "stop” here is well-justified by objective criteria and, I, therefore, join in aflirming. On the other hand, such subjective matters as good will and misconception of the law can be either so treacherous or so irrelevant that I would not weigh them in the balance other than, at most, as an incidental circumstance in the type of hearing spoken of in Brown v Illinois ( 422 US 590 ). (Cf. Morales v New York, 396 US 102 .)
Chief Judge Breitel and Judges Jasen and Jones concur with Judge Gabrielli; Judge Wachtler concurs in a separate opinion in which Judge Cooke concurs; Judge Fuchsberg concurs in another separate opinion.
Order affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5529947. Public record. Not legal advice.