People v. Chilton

OPINION OF THE COURT

Memorandum.

The order of County Court should be affirmed.

The suppression court found a lack of probable cause to stop defendant’s van for alleged traffic infractions. On appeal, the County Court properly held that the legality of the stop should be measured against a reasonable suspicion standard (see, People v Sobotker, 43 NY2d 559; People v Ingle, 36 NY2d 413). It affirmed, however, stating that "[t]he objective facts and circumstances did not support the stop as a matter of law based on the evidence the town court had before it” (emphasis added).

Whether a police officer…