THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
FRANK ROBINSON, Appellant.
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v.
PATRICK J. REYNOLDS, Respondent.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JERRY GLENN, Also Known as JEFFREY WILLIAMSON, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 10, 2001.
Decided December 18, 2001.
Attorney(s) appearing for the Case
Abigail Everett, New York City, and Robert S. Dean for appellant in the first above-entitled action.
Robert T. Johnson, District Attorney of Bronx County, Bronx (Cheryl D. Harris, Joseph N. Ferdenzi and Stuart P. Levy of counsel), for respondent in the first above-entitled action.
John C. Tunney, District Attorney of Steuben County, Mark Dwyer, New York City, and Susan Gliner for New York State District Attorneys Association, amicus curiae in the first above-entitled action.
Howard R. Relin, District Attorney of Monroe County, Rochester (Stephen K. Lindley of counsel), for appellant in the second above-entitled action.
Thomas A. Corletta, Rochester, for respondent in the second above-entitled action.
Andrew C. Fine, New York City, and Heidi Bota for appellant in the third above-entitled action.
Robert M. Morgenthau, District Attorney of New York County, New York City (Eleanor J. Ostrow and Hilary Hassler of counsel), for respondent in the third above-entitled action.
Brennan Center for Justice at NYU School of Law, New York City (Roslyn Powell, Kirsten D. Levingston and E. Joshua Rosenkranz of counsel), for 100 Blacks in Law Enforcement Who Care, amicus curiae in the third above-entitled action.
Harrington & Mahoney, Buffalo (Mark J. Mahoney of counsel), for New York State Defenders Association, amicus curiae in the first, second and third above-entitled actions.
Judges WESLEY, ROSENBLATT and GRAFFEO concur with Judge SMITH; Judge LEVINE dissents and votes to reverse and remit to Supreme Court in a separate opinion in which Chief Judge KAYE and Judge CIPARICK concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
SMITH, J.
The issue here is whether a police officer who has probable cause to believe a driver has committed a traffic infraction violates article I, § 12 of the New York State Constitution when the officer, whose primary motivation is to conduct another investigation, stops the vehicle. We conclude that there is no violation, and we adopt Whren v United States (517 U.S. 806) as a matter of...
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