From Casetext: Smarter Legal Research

People v. Robinson

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 723 (N.Y. App. Div. 1988)

Opinion

May 31, 1988

Appeal from the Supreme Court, Kings County (Garry, J.).


Ordered that the judgment is affirmed.

On the instant appeal, the defendant argues, inter alia, that a gun should have been suppressed since it was only observed by the police after they improperly ordered the defendant, as a passenger, to step out of a car which had been stopped for a traffic violation. We disagree.

The observations made by the police officers on anticrime patrol, as they followed the car in which defendant was a passenger north on Bedford Avenue, coupled with a traffic violation committed by the driver of the car shortly thereafter, i.e., a sudden right turn onto Carroll Street from the left lane of Bedford Avenue, without signaling, afforded the police a sufficient predicate to stop the car, and order the defendant passenger to step out (see, People v David L., 56 N.Y.2d 698, revg 81 A.D.2d 893, 895, on dissenting opn of Hopkins and Weinstein, JJ., at App. Div.; People v Livigni, 58 N.Y.2d 894, affg 88 A.D.2d 386, on opn of Mangano, J., at App. Div., cert denied 459 U.S. 866; People v McLaurin, 70 N.Y.2d 779; People v Hill, NYLJ, Apr. 14, 1988, at 11, col 5; Pennsylvania v Mimms, 434 U.S. 106; People v Ingle, 36 N.Y.2d 413).

We have reviewed the defendant's remaining argument and find it to be without merit. Mollen, P.J., Mangano, Brown and Kunzeman, JJ., concur.


Summaries of

People v. Robinson

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 723 (N.Y. App. Div. 1988)
Case details for

People v. Robinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEVILLE ROBINSON…

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

Date published: May 31, 1988

Citations

140 A.D.2d 723 (N.Y. App. Div. 1988)

Citing Cases

People v. Walters

The defendant's current contentions in support of his claim that the Supreme Court should have suppressed…

Matter of Alphonso

Further, the courts of this State have recognized the danger to police in making a lawful traffic stop,…