People v. Stapinski

This case presents question as to whether trial court properly dismissed instant indictment charging defendant with unlawful possession of controlled substance, after finding that: (1) State violated defendant’s due process rights by failing to honor cooperation agreement calling for defendant to make efforts to assist police in arrest of third-party in exchange for agreement not to charge defendant with instant offense; and (2) defendant had made incriminating statements in reliance on said agreement. Appellate Court, in reversing trial court, found that trial court should only have suppressed defendant’s incriminating statements if it found that State had violated cooperation agreement. (Dissent filed.)