People v. Pounds
Court: Appellate Division of the Supreme Court of the State of New York; September 29, 1995; New York; State Appellate Court
Judgment affirmed unanimously. The appeal arises from a conviction for attempted criminal possession of a forged instrument in the second degree. The defendant argues that the suppression court incorrectly denied his motion to suppress evidence obtained from Bell’s Supermarket, specifically contesting the court's application of the inevitable discovery exception to the exclusionary rule. The court found that the prosecution demonstrated a high probability that the evidence would have been obtained independently of any unlawful conduct. The evidence in question was deemed to not be illegally obtained as a direct result of police actions, but rather gathered indirectly through leads from the primary evidence. The suppression court's application of the inevitable discovery exception was thus upheld, supporting the affirmation of the judgment.