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People v. Beckwith

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 863 (N.Y. App. Div. 1990)

Summary

In People v Beckwith (163 AD2d 863 [4th Dept 1990]), relied upon by the District Attorney, not only was the defendant observed weaving in his lane, but the police suspected that the defendant's driver's license had been revoked and, as they followed defendant's vehicle, a radio transmission confirmed their suspicions.

Summary of this case from People v. Culcross

Opinion

July 13, 1990

Appeal from the Ontario County Court, Henry, J.

Present — Dillon, P.J., Doerr, Boomer, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that the People failed to establish reasonable cause for the stop of his automobile prior to his arrest on charges of driving while intoxicated and aggravated unlicensed operation of a motor vehicle. We disagree. The police suspected that defendant's driver's license had been revoked and, as they followed defendant's vehicle, that information was confirmed by radio transmission. Defendant's vehicle was also observed weaving in its lane. The stop was thus properly based upon specific and articulable facts which reasonably warranted the intrusion (see, People v. Sobotker, 43 N.Y.2d 559; People v. Ingle, 36 N.Y.2d 413). Defendant's claim that the People were required to present the testimony of the officer who transmitted the radio broadcast is unpreserved (see, People v. Dodt, 61 N.Y.2d 408, 416; People v Weston, 56 N.Y.2d 844; People v. Jenkins, 47 N.Y.2d 722) and without merit (see, People v. Landy, 59 N.Y.2d 369, 376-377; People v. Mack, 26 N.Y.2d 311, 315-317, cert denied 400 U.S. 960; People v. Knight, 162 A.D.2d 970; People v. Buckley, 147 A.D.2d 898, affd 75 N.Y.2d 843).


Summaries of

People v. Beckwith

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 863 (N.Y. App. Div. 1990)

In People v Beckwith (163 AD2d 863 [4th Dept 1990]), relied upon by the District Attorney, not only was the defendant observed weaving in his lane, but the police suspected that the defendant's driver's license had been revoked and, as they followed defendant's vehicle, a radio transmission confirmed their suspicions.

Summary of this case from People v. Culcross

In People v. Beckwith, 163 A.D.2d 863 (4th Dept. 1990) relied upon by the District Attorney, not only was the defendant observed weaving in his lane, but the police suspected that the defendant's driver's license had been revoked and, as they followed defendant's vehicle, a radio transmission confirmed their suspicions.

Summary of this case from People v. Culcross
Case details for

People v. Beckwith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN D. BECKWITH…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 13, 1990

Citations

163 A.D.2d 863 (N.Y. App. Div. 1990)
558 N.Y.S.2d 394

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