Legal Opinion
People v. MacKenzie
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 2009PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the People from an order of the County Court, Rockland County (Bartlett, J.), dated February 4, 2008, which, after a hearing, granted those branches of the defendant’s omnibus motion which were to suppress the results of breathalyzer tests and his statements to law enforcement officials.
Ordered that the order is affirmed.
Contrary to the People’s contention, the stop of the defendant’s vehicle was unlawful, because reasonable suspicion to believe that he had violated Vehicle and Traffic Law § 375 (2) (a) (1) was lacking (see generally Whren v United States, 517 US 806, 810 [1996];…
2Cases cited6 opinions
- Whren v. United StatesSupreme Court of the United States · 1996
- People v. IngleNew York Court of Appeals · 1975
- Byer v. JacksonAppellate Division of the Supreme Court of the State of New York · 1997
- People v. SluszkaAppellate Division of the Supreme Court of the State of New York · 2005
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2003
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. O'HareAppellate Division of the Supreme Court of the State of New York · 2010
- People v. MartinezNassau County District Court · 2011
- The People v. Rebecca GuthrieNew York Court of Appeals · 2015
- The People v. Rebecca GuthrieNew York Court of Appeals · 2015