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People v. Dennis

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1988
144 A.D.2d 381 (N.Y. App. Div. 1988)

Opinion

November 7, 1988

Appeal from the County Court, Suffolk County (Mallon, J.).


Ordered that the judgment is affirmed.

The defendant contends, inter alia, that the trial court erred when, after a suppression hearing, it failed to suppress certain evidence obtained after the defendant's arrest on January 14, 1985, as well as identification testimony relating to a January 8, 1985 police stop of his vehicle. The defendant asserts that the January 8th stop was unlawful and that the probable cause to arrest him on January 14th was based on evidence and information obtained as a result of that police illegality. We disagree.

On January 8, 1985, an unmarked police car pulled up behind the defendant's vehicle, which was stopped at an intersection and straddling the right-turn and left-turn lanes. Although nothing prevented the vehicle from proceeding, it remained standing at the intersection for approximately 20 seconds, blocking both the intersection and the unmarked police car. This failure to move offered reasonable grounds to suspect a violation of Vehicle and Traffic Law §§ 1128, 1201, and 1202 and justified the police stop of the defendant's vehicle (see, e.g., People v. Allah, 131 A.D.2d 765, lv denied 70 N.Y.2d 797). The stop was not the product of mere whim, caprice, or idle curiosity and the defendant was permitted to go on his way immediately thereafter (cf., People v Ingle, 36 N.Y.2d 413). Consequently, any information and evidence obtained as a result of the January 8th stop of the defendant was untainted and could help provide probable cause to arrest (see, People v. Sciacca, 78 A.D.2d 545).

The record of the suppression hearing indicates that on January 14, 1985, the arresting officer had sufficient information which provided probable cause to arrest the defendant on January 14th. The People did not waive the attenuation issue, having raised it during their closing comments at the suppression hearing (cf., People v. Dodt, 61 N.Y.2d 408, 416).

We have examined the defendant's remaining contention and find it to be without merit. Kunzeman, J.P., Weinstein, Kooper and Balletta, JJ., concur.


Summaries of

People v. Dennis

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 1988
144 A.D.2d 381 (N.Y. App. Div. 1988)
Case details for

People v. Dennis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDY DENNIS, Appellant

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

Date published: Nov 7, 1988

Citations

144 A.D.2d 381 (N.Y. App. Div. 1988)

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