People v. Newson

Maltese, J.,

dissents, and votes to affirm the judgment, with the following memorandum: Contrary to the view of my colleagues in the majority, I agree with the suppression court that the arresting officer’s efficient and reasonable inquiry at the scene was justified under the totality of the circumstances and that the police conduct in this case was lawful.

I do not explicitly disagree with my colleagues’ recitation of the arresting officer’s testimony at the suppression hearing. However, I do believe that this evidence, when viewed as a whole and in light of the reasonable inferences that may…