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PEOPLE v. CLASS

63 N.Y.2d 491 (1984)

The People of the State of New York, Respondent, v. Benigno Class, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 1984.

Attorney(s) appearing for the Case

Mark C. Cogan and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Roger L. Stavis and Steven R. Kartagener of counsel), for respondent.

Chief Judge COOKE and Judges WACHTLER, MEYER and SIMONS concur with Judge KAYE; Judge JONES dissents and votes to affirm in a separate opinion in which Judge JASEN concurs.

KAYE, J.

A police officer's nonconsensual entry into an individual's automobile to determine the vehicle identification number violates the Federal and State Constitutions where it is based solely on a stop for a traffic infraction (US Const, 4th Amdt; NY Const, art I, § 12).

On May 11, 1981, in the late afternoon, Police Officers Lawrence Meyer and William McNamee observed defendant driving 5 to...

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