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People v. Caray

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1994
205 A.D.2d 371 (N.Y. App. Div. 1994)

Opinion

June 16, 1994

Appeal from the Supreme Court, Bronx County (Ira R. Globerman, J.).


The IAS Court erred in suppressing the shotgun, since the police had reasonable suspicion to stop defendant due to the missing car door lock and the defendant's slow driving in the left traffic lane (People v. Johnson, 56 A.D.2d 661; People v Chestnut, 36 N.Y.2d 971). The IAS Court's reliance on People v Elam ( 179 A.D.2d 229, appeal dismissed 80 N.Y.2d 958) was misplaced here in that, as the Elam majority stated, a broken car window is an equivocal indicator of possible car theft; a missing door lock cylinder, however, is a much more likely one, indicating a probable attempt to enter the vehicle without using a key.

Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.


Summaries of

People v. Caray

Appellate Division of the Supreme Court of New York, First Department
Jun 16, 1994
205 A.D.2d 371 (N.Y. App. Div. 1994)
Case details for

People v. Caray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALBERTO CARAY…

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

Date published: Jun 16, 1994

Citations

205 A.D.2d 371 (N.Y. App. Div. 1994)
613 N.Y.S.2d 376

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