People v. Pena
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*481The defendant argues that evidence was seized unlawfully. We disagree and find that the police officer’s stop of the defendant’s vehicle was not improper, given his violation of the Vehicle and Traffic Law (see, Vehicle and Traffic Law § 1202 [a] [1] [a]; People v Ellis, 62 NY2d 393; see also, People v Harvey, 146 AD2d 585). We further find that the action of the police officer in shining a flashlight into the interior of the vehicle did not constitute an unreasonable intrusion (see, People v Price, 54 NY2d 557). Moreover, since the evidence was visible from the exterior of the vehicle,…
2Cases cited8 opinions
- People v. EllisNew York Court of Appeals · 1984
- People v. PriceNew York Court of Appeals · 1981
- People v. JordanNew York Court of Appeals · 1984
- People v. SuarezNew York Court of Appeals · 1982
- People v. HarveyAppellate Division of the Supreme Court of the State of New York · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. MoshierAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ReidAppellate Division of the Supreme Court of the State of New York · 1991
- People v. ManganaroNew York Supreme Court · 1990
- People v. MoshierAppellate Division of the Supreme Court of the State of New York · 2013
- People v. SloaneAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.