Summary
In People v. Antelmi, 196 A.D.2d 658, 601 N.Y.S.2d 634 (2nd Dept. 2001), the police validly stopped a car for a traffic violation.
Summary of this case from People v. MillerOpinion
August 30, 1993
Appeal from the Supreme Court, Kings County (Slavin, J.).
Ordered that the judgment is reversed, on the law and the facts, that branch of the defendant's omnibus motion which was to suppress physical evidence is granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
Contrary to the defendant's contention, the record supports the hearing court's finding that the vehicle in which the defendant was a passenger was properly stopped by the police for a traffic violation (see, People v Gales, 187 A.D.2d 606; People v Brunson, 166 A.D.2d 204). However, the police thereafter forcibly detained and searched the defendant when he attempted to leave. We find that this conduct exceeded that which is permissible during a normal traffic stop, as there was no showing of a reasonable suspicion on the part of the police that the defendant was committing, had committed, or was about to commit a crime (see, People v Woods, 189 A.D.2d 838; People v Greene, 135 A.D.2d 449). Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.