Legal Opinion · Concurring in part, dissenting in part

People v. Adams

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 1993Published

1Concurring in part, dissenting in partMercure, J.

Because I am of the view that Police Officer Darrell Nicholson’s stop of defendant’s vehicle was not supported by the requisite reasonable suspicion that defendant had committed a crime (see, People v Holmes, 81 NY2d 1056, 1057-1058; People v May, 81 NY2d 725, 727), I necessarily conclude that the seizure was illegal and all evidence derived therefrom must be suppressed. To me, the majority’s contrary position is tantamount to a determination that whenever a vehicle is reported stolen, the police may properly suspect that the operators of all vehicles of like year, make, model and color,…

2Cases cited14 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. People v. De BourNew York Court of Appeals · 1976
  3. People v. HowardNew York Court of Appeals · 1980
  4. People v. MartinezNew York Court of Appeals · 1992
  5. People v. BoodleNew York Court of Appeals · 1979

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