140 A.D.2d 723

The People of the State of New York, Respondent, v Neville Robinson, Appellant.

On the instant appeal, the defendant argues, inter alia, that a gun should have been suppressed since it was only observed by the police after they improperly ordered the defendant, as a passenger, to step out of a car which had been stopped for a traffic violation. We disagree.

The observations made by the police officers on anticrime patrol, as they followed the car in which defendant was a passenger north on Bedford Avenue, coupled with a traffic violation committed by the driver of the car shortly thereafter, i.e., a sudden right turn onto Carroll Street from the left lane of Bedford Avenue, without signaling, afforded the police a sufficient predicate to stop the car, and order the defendant passenger to step out (see, People v David L., 56 NY2d 698, revg 81 AD2d 893, 895, on dissenting opn of Hopkins and Weinstein, JJ., at App Div; People v Livigni, 58 NY2d 894, affg 88 AD2d 386, on opn of Mangano, J., at App Div, cert denied 459 US 866; People v McLaurin, 70 NY2d 779; People v Hill, NYLJ, Apr. 14, 1988, at 11, col 5; Pennsylvania v Mimms, 434 US 106; People v Ingle, 36 NY2d 413).

We have reviewed the defendant’s remaining argument and find it to be without merit. Mollen, P. J., Mangano, Brown and Kunzeman, JJ., concur.

People v. Robinson
140 A.D.2d 723

Case Details

Name
People v. Robinson
Decision Date
May 31, 1988
Citations

140 A.D.2d 723

Jurisdiction
New York

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