People v. Howell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the motion to suppress granted, and the plea vacated.

The trial court was in error in its conclusion that merely because reckless driving is a misdemeanor rather than a traffic violation, the arrest was inevitable. An arrest in a situation such as was presented in this case was neither called for nor the preferred procedure (see Denzer, Practice Commentary, McKinney’s Cons Laws of NY, Book 11 A, CPL 150.20).

Based on no more than what the police considered to be erratic driving on the part of the defendant,…