People v. Ingle

Chief Judge Breitel.

Defendant was convicted in County Court, after a guilty plea, of attempted criminal possession of a dangerous drug in the fourth degree (Penal Law, § 220.15, repealed by L 1973, ch 276, § 18). He received five years’ probation. The Appellate Division affirmed and defendant appeals.

The issue is whether a police officer may stop an automobile, arbitrarily chosen from the stream of traffic on a public highway only because of the unusual but irrelevant appearance of the vehicle, solely to examine the motorist’s license and registration, or to inspect the vehicle for possible…