People v. Henry

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The judgment of conviction for driving while intoxicated must be reversed because the police were not justified in stopping defendant’s automobile. The police are justified in stopping a motor vehicle pursuant to a nondiscriminatory uniform highway procedure or when they have "specific cause or, at least, reasonable suspicion that a motorist is about to violate a law” (People v Sobotker, 43 NY2d 559, 563). The only possible offense that the officer could have suspected the occupant of the automobile to have…