Legal Opinion

People v. Miles

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

Decided March 15, 2011PublishedCited by 7 opinions

1Opinion of the Court

The Supreme Court properly determined that the arresting officers lacked an objective, credible reason for approaching the stopped car in which the defendant was a passenger, identifying themselves as police officers, and shining at least one flashlight into the car (see People v Ocasio, 85 NY2d 982, 984 [1995]; see also People v McIntosh, 96 NY2d 521, 525 [2001]; People v Holl*1011man, 79 NY2d 181, 194 [1992]). The officer who testified at the suppression hearing failed to articulate any reason for approaching the vehicle other than the car was parked outside a bar in an area where there had been…

2Cases cited4 opinions

  1. People v. HollmanNew York Court of Appeals · 1992
  2. People v. OcasioNew York Court of Appeals · 1995
  3. People v. McIntoshNew York Court of Appeals · 2001
  4. People v. ReyesNew York Court of Appeals · 1994

3Cited by7 opinions

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2021
  2. People v. LaviscountAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. LarmondAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. DixonAppellate Division of the Supreme Court of the State of New York · 2022
  5. People v. StoverAppellate Division of the Supreme Court of the State of New York · 2020

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