People v. Edwards

Scudder, P.J., and Peradotto, J. (dissenting).

We respectfully dissent and would affirm because we do not agree with the majority’s conclusion that the cocaine crumbs were observed by the police after the completion of the vehicle and traffic investigation (see People v Banks, 85 NY2d 558, 562-563 [1995], cert denied 516 US 868 [1995]).

The Sheriffs Deputies testified at the suppression hearing that they stopped defendant’s vehicle because it appeared that the front driver and passenger windows were more darkly tinted than allowed by statute (Vehicle and Traffic Law § 375 [12-a] [b]). After…