Opinion
Argued October 7, 1968
Decided October 16, 1968
Appeal from the Supreme Court in the Second Judicial Department, LINCOLN G. SCHMIDT, J.
Leon Kesner and James D. Saver for appellant.
George J. Aspland, District Attorney ( Thomas J. Klei of counsel), for respondent.
Judgment reversed and information dismissed. There was no probable cause for the arrest of defendant. His confession immediately followed this unlawful arrest, and must be considered inadmissible under the facts of this case. Had the confession been admissible, defendant's culpability could have been deemed established by entry into the premises by his accomplices (former Penal Law, § 2, defining "principal"; People v. Katz, 209 N.Y. 311, 325-326; People v. Henry, 18 A.D.2d 293). The People admit the insufficiency of their case.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.