People v. Mundo

Because I view the record as insufficient to support the Appellate Division’s finding that there was an “actual and specific danger” to officer safety, I dissent and would vote to reverse and grant defendant’s motion to suppress the evidence seized by the police.

During a routine afternoon patrol, two New York City police officers observed a white Nissan with Florida license plates, carrying three occupants, make an illegal right turn through a red light. Defendant was riding in the rear seat of the vehicle. After observing the traffic infraction, the officers activated their high intensity…