People v. Bianchi

Balletta, J. P., dissents,

and votes to reverse the judgment appealed from, on the law and the facts, to vacate the defendant’s plea of guilty, to grant that branch of the defendant’s motion which was to suppress physical evidence, and to remit the matter to the Supreme Court, Kings County, for further proceedings consistent herewith. The majority herein has determined that the stop of the defendant’s motor vehicle was proper. I disagree and vote to reverse the conviction and to grant the defendant’s suppression motion.

The Court of Appeals has indicated that the stop of an automobile by the…