| People v Hector (Cordell) |
| 2006 NY Slip Op 50792(U) [11 Misc 3d 144(A)] |
| Decided on May 2, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
The People of the State of New York appeal from an order of the Criminal Court, Bronx County (Arthur Birnbaum, J.), entered September 14, 2004, which granted defendant's motion to suppress physical evidence and statements, and from an order (same court and Judge), entered December 17, 2004, which granted reargument and upon reargument, adhered to its original decision.
PER CURIAM:
Orders (Arthur Birnbaum, J.), entered September 14, 2004 and December 17, 2004, affirmed.
Defendant's suppression motion was properly granted. There is no basis to disturb the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The signed statement given by defendant was properly suppressed as the fruit of the poisonous tree since it was not sufficiently attenuated from the taint of his illegal arrest and was obtained solely by the exploitation thereof (see Wong Sun v United States, 371 US 471 [1963]; People v Martinez, 37 NY2d 662 [1975]).
This constitutes the decision and order of the court.
Decision Date: May 2, 2006