Opinion
No. 12110059.
2014-03-20
The PEOPLE of the State of New York v. Keith W. CENTOLA, Defendant.
Absent probable cause, “In order to be lawful, a stop of an automobile must be founded upon a reasonable suspicion that the car's occupants had been, are then, or about to be engaged in criminal conduct (People v. May, 81 N.Y.2d 725, 609 N.E.2d 113, 593 N.Y.S.2d 760 [1992];People v. Sobotker, supra; People v. Ingle, 36 N.Y.2d 413, 330 N.E.2d 39, 369 N.Y.S.2d 67 [1975] ).” (People v. Baldwin, 41 Misc.3d 1217(A), 2013 N.Y. Slip Op 51723(U) * * *2 [2013] ). Since there was no evidence of any criminal activity prohibited under the penal law, there was a lack of reasonable suspicion to permit the stop of the defendant's vehicle by the police. Thus all the evidence obtained as a result of said automobile stop must be suppressed. Defense counsel motion requesting same is hereby granted. Since suppression of the stop of the vehicle would result in no evidence to prove defendant's guilt of the charges herein the said charges are hereby dismissed. (See People v. Baksh, 977 N.Y.S.2d 407 2014 N.Y. Slip Op 112 [2nd Dept.2014] ). The remaining issues raised by said motions need not be addressed. This constitutes the decision and order of the court.