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People v. Ardila

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1990
159 A.D.2d 710 (N.Y. App. Div. 1990)

Opinion

March 26, 1990

Appeal from the Supreme Court, Queens County (Kellam, J.).


Ordered that the judgments are affirmed.

The hearing court had the right to credit the testimony of the police officer that the defendant drove his car through a red traffic light (see, People v Prochilo, 41 N.Y.2d 759; People v Armstead, 98 A.D.2d 726). Under these circumstances, the police stop of the defendant's car was lawful (People v Ingle, 36 N.Y.2d 413; People v Ellis, 62 N.Y.2d 393, 396). The defendant's argument that the police officer was "compelled to fabricate the red light scenario * * * to overcome constitutional objections to his actions" is without any foundation in the record. Indeed, the record indicates that the defendant was given a ticket for going through a red light. Mangano, P.J., Bracken, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Ardila

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1990
159 A.D.2d 710 (N.Y. App. Div. 1990)
Case details for

People v. Ardila

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO ARDILA, Also…

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

Date published: Mar 26, 1990

Citations

159 A.D.2d 710 (N.Y. App. Div. 1990)
553 N.Y.S.2d 195

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