From Casetext: Smarter Legal Research

People v. Rijo

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 1995
220 A.D.2d 217 (N.Y. App. Div. 1995)

Opinion

October 3, 1995

Appeal from the Supreme Court, New York County (Emily Jane Goodman, J.).


Suppression was properly granted as the evidence seized was the fruit of an unjustified stop. The testimony of the People's only witness at the suppression hearing clearly established that the traffic violation for which the cab in which defendant was a passenger was stopped was merely a pretext to investigate defendant on an unrelated matter. In particular, we note the failure of the police officers to check on the cab's license plate or to issue its driver a summons ( see, People v. Laws, 213 A.D.2d 226, lv denied 85 N.Y.2d 975).

Concur — Rosenberger, J.P., Ellerin, Williams, Tom and Mazzarelli, JJ.


Summaries of

People v. Rijo

Appellate Division of the Supreme Court of New York, First Department
Oct 3, 1995
220 A.D.2d 217 (N.Y. App. Div. 1995)
Case details for

People v. Rijo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MANUEL RIJO, Respondent

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

Date published: Oct 3, 1995

Citations

220 A.D.2d 217 (N.Y. App. Div. 1995)
632 N.Y.S.2d 4

Citing Cases

People v. Washington

On the basis of Officer Garcia's new testimony, the hearing court granted suppression, finding that the…

People v. Sanchez

Even where the police have probable cause to believe traffic offenses occurred, New York courts have held…