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People v. Class

Court of Appeals of the State of New York
May 29, 1986
67 N.Y.2d 431 (N.Y. 1986)

Summary

declining to follow Supreme Court's interpretation of Fourth Amendment in interpreting state constitution's prohibition on unreasonable searches and seizures

Summary of this case from McGrath v. Toys "R" Us, Inc.

Opinion

Argued April 30, 1986

Decided May 29, 1986

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Murray Koenig, J.

Mark C. Cogan and Philip L. Weinstein for appellant.

Mario Merola, District Attorney (Roger L. Stavis and Steven R. Kartagener of counsel), for respondent.


In our earlier opinion in this case, we held that the police "officer's nonconsensual entry into [defendant's] automobile to determine the vehicle identification number violates the Federal and State Constitutions where it is based solely on a stop for a traffic infraction (US Const, 4th Amdt; N Y Const, art I, § 12)" ( 63 N.Y.2d 491, 493). The Supreme Court reversed on the Federal Constitution, holding that "the police officer's action does not violate the Fourth Amendment" (475 US ___, ___, 106 S Ct 960, 963), and the case is now before us again.

In support of its own jurisdiction to hear the case, the Supreme Court stated that our decision did not rest on "an independent and adequate state ground" because it lacked the requisite "plain statement" (475 US, at p ___, 106 S Ct, at p 964; see, Michigan v Long, 463 U.S. 1032, 1041-1042). At this juncture, in our consideration of the case under State law, we cannot disregard the fact that we held that article I, § 12 of our State Constitution was violated by the search. Although on remand we have in the past, as a matter of State law, followed Supreme Court decisions in several cases (see, e.g., People v Quarles, 63 N.Y.2d 923, on remand from New York v Quarles, 467 U.S. 649; People v Ferber, 57 N.Y.2d 256, on remand from New York v Ferber, 458 U.S. 747; cf. People v Belton, 55 N.Y.2d 49, on remand from New York v Belton, 453 U.S. 454), in none of those cases had we initially and expressly relied on the State Constitution (see, People v Quarles, 58 N.Y.2d 664; People v Ferber, 52 N.Y.2d 674; People v Belton, 50 N.Y.2d 447).

Where, as here, we have already held that the State Constitution has been violated, we should not reach a different result following reversal on Federal constitutional grounds unless respondent demonstrates that there are extraordinary or compelling circumstances. That showing has not been made.

Accordingly, upon reargument, on remand from the Supreme Court of the United States, the order of the Appellate Division should be reversed, the motion to suppress granted, the conviction vacated and the indictment dismissed.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in Per Curiam opinion.

Upon reargument, on remand from the Supreme Court of the United States, order reversed, etc.


Summaries of

People v. Class

Court of Appeals of the State of New York
May 29, 1986
67 N.Y.2d 431 (N.Y. 1986)

declining to follow Supreme Court's interpretation of Fourth Amendment in interpreting state constitution's prohibition on unreasonable searches and seizures

Summary of this case from McGrath v. Toys "R" Us, Inc.

disallowing entry into vehicle to uncover VIN number

Summary of this case from People v. Bermudez

adhering to determination of state constitutional law

Summary of this case from People v. Weaver

adhering on remand to earlier holding (see, People v Class, 63 N.Y.2d 491, 494) that nonconsensual entry of automobile by police to inspect VIN number violated defendant's legitimate expectation of privacy under N Y Constitution, article I, § 12 (citing, inter alia, Katz v United States, 389 U.S. 347)

Summary of this case from People v. Scott

disallowing entry into vehicle to uncover VIN number

Summary of this case from People v. Bermudez
Case details for

People v. Class

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENIGNO CLASS…

Court:Court of Appeals of the State of New York

Date published: May 29, 1986

Citations

67 N.Y.2d 431 (N.Y. 1986)
503 N.Y.S.2d 313
494 N.E.2d 444

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