# People v. Smith

> Appellate Division of the Supreme Court of the State of New York · December 26, 1978 · 66 A.D.2d 862

URL: https://www.frixlaw.com/law-library/cases/5831372

## Case

- **Full name:** The People of the State of New York v. Van Dyke Smith
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** December 26, 1978
- **Citations:** 66 A.D.2d 862; 411 N.Y.S.2d 382; 1978 N.Y. App. Div. LEXIS 14207
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5831372

## Opinion text

Appeal, as limited by the People’s brief, from so much of an order of the Supreme court, Kings County, entered January 5, 1978, as, after a hearing, granted defendant’s motion to suppress certain oral statements made by him after his arrest. Order affirmed insofar as appealed from. In our view, the statements suppressed by Criminal Term were the "fruit” of defendant’s concededly illegal arrest and contemporaneous search and were not, therefore, admissible in evidence against him (see Brown v Illinois, 422 US 590 ; People v Stewart, 41 NY2d 65 , 70). People v Martinez ( 37 NY2d 662 ) is distinguishable on its facts. Gulotta, J. P., Cohalan, Hargett and O’Connor, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5831372. Public record. Not legal advice.