People v. Milaski

Sweeney, J. P., and Levine, J.,

dissent and vote to reverse in the following memorandum by Levine, J. Levine, J. (dissenting). There can be no dispute that the stopping of defendant’s vehicle by the police, their frisking him and otherwise restricting his personal movement, and their inspecting the vehicle and ultimately seizing the gun from it, must all pass muster under applicable Fourth Amendment standards. This remains true even though the gun was discovered by shining a flashlight into the car without any prior actual physical intrusion into the vehicle by the police (see People v…