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People v. Holstein

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1989
154 A.D.2d 905 (N.Y. App. Div. 1989)

Summary

In People v Holstein (154 A.D.2d 905) we stated, quoting Ingle, that for a stop of a vehicle to be proper: "`All that is required is that the stop be not the product of mere whim, caprice, or idle curiosity' (People v. Ingle, 36 N.Y.2d 413, 420). `It is enough if the stop is based upon "specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant [the] intrusion" (Terry v. Ohio, 392 U.S. 1, 21, supra)' (People v. Ingle, supra, at 420; see also, People v Singleton, 41 N.Y.2d 402, 405)."

Summary of this case from People v. Royko

Opinion

October 6, 1989

Appeal from the Genesee County Court, Morton, J.

Present — Dillon, P.J., Boomer, Green, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: At approximately 3:00 A.M. on August 2, 1986, a Batavia police officer received a radio report that a citizen had observed that a motorcycle was tipped over against a curb at the intersection of Bank Street and Washington Avenue, that a person was seen sitting on the curb and that a motorcyclist's helmet was lying on the road. The officer was directed to respond and to investigate a possible accident. Upon arriving at the scene, he observed defendant approaching the intersection on a motorcycle, traveling at a speed of 10 to 15 miles per hour. The speed limit for the area was 30 miles per hour. The officer stopped defendant to inquire of his well-being and detected a strong odor of alcohol. Defendant was unable to perform field sobriety tests and was arrested. He was later convicted of aggravated unlicensed operation of a motor vehicle in the first degree (Vehicle and Traffic Law § 511) and driving while intoxicated as a felony (Vehicle and Traffic Law § 1192, [5]).

The stop of defendant was proper. "All that is required is that the stop be not the product of mere whim, caprice, or idle curiosity" (People v Ingle, 36 N.Y.2d 413, 420). "It is enough if the stop is based upon `specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant [the] intrusion' (Terry v Ohio, 392 U.S. 1, 21, supra)" (People v Ingle, supra, at 420; see also, People v Singleton, 41 N.Y.2d 402, 405).

Here, the officer received a report of a possible motorcycle accident at a specific place. Having observed defendant in the vicinity traveling on a motorcycle at a very slow rate of speed, the officer had a reasonable basis for stopping and making inquiry of defendant. On these facts, "the momentary inconvenience inevitable in this police confrontation cannot be said to be unreasonable" (People v John BB., 56 N.Y.2d 482, 488, cert denied 459 U.S. 1010).


Summaries of

People v. Holstein

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 6, 1989
154 A.D.2d 905 (N.Y. App. Div. 1989)

In People v Holstein (154 A.D.2d 905) we stated, quoting Ingle, that for a stop of a vehicle to be proper: "`All that is required is that the stop be not the product of mere whim, caprice, or idle curiosity' (People v. Ingle, 36 N.Y.2d 413, 420). `It is enough if the stop is based upon "specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant [the] intrusion" (Terry v. Ohio, 392 U.S. 1, 21, supra)' (People v. Ingle, supra, at 420; see also, People v Singleton, 41 N.Y.2d 402, 405)."

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

People v. Holstein

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HOLSTEIN…

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

Date published: Oct 6, 1989

Citations

154 A.D.2d 905 (N.Y. App. Div. 1989)
545 N.Y.S.2d 865

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