People v. Ocasio

Murphy, P. J. (dissenting).

I would reverse the judgment and dismiss the indictment. The suppression motion should have been granted.

The majority holds that pursuant to the common-law right to request information, police may detain the occupants of a motor vehicle for questioning while that vehicle is stopped for a red light, based on only an "articulable reason,” the lowest of the four levels enunciated in People v De Bour (40 NY2d 210, 213, 223). The majority thus equates the limited intrusion of Be Bour, asking a person on the sidewalk what he is doing in the neighborhood, with the…