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People v. Holmes

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1976
52 A.D.2d 629 (N.Y. App. Div. 1976)

Opinion

April 19, 1976


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 29, 1975 (date on clerk's extract July 15, 1975), convicting him of attempted possession of a weapon, etc., as a felony, upon his plea of guilty, and imposing sentence. The appeal brings up for review a decision of the same court, made December 6, 1974, which, after a hearing, denied defendant's motion to suppress evidence. Judgment reversed, on the law and the facts, motion granted, and indictment dismissed (see People v Ingle, 36 N.Y.2d 413). We find no merit in respondent's contention that the decision in People v Ingle (supra) should be applied prospectively only, as we do not read that case as announcing any new principles of constitutional law. Instead, Ingle merely applied the dictates of Terry v Ohio ( 392 U.S. 1) to routine traffic stops. Such stops are still permitted if based upon uniform procedures or a minimal degree of suspicion of a vehicle violation. All that is interdicted is a stop which is "gratuitous, arbitrary, and without justification or excuse" (People v Ingle, supra, p 418; see People v Martinez, 37 N.Y.2d 662; People v Murray, 48 A.D.2d 907; cf. People v Simone, 48 A.D.2d 497). Cohalan, Acting P.J., Margett, Damiani, Rabin and Titone, JJ., concur.


Summaries of

People v. Holmes

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1976
52 A.D.2d 629 (N.Y. App. Div. 1976)
Case details for

People v. Holmes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY HOLMES, Also…

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

Date published: Apr 19, 1976

Citations

52 A.D.2d 629 (N.Y. App. Div. 1976)

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