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PEOPLE v. CASTRO

129 A.D.2d 406 (1987)

The People of the State of New York, Respondent, v. Juan Castro, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 2, 1987

The facts are set forth in the dissent. As the dissent concedes, the initial stop was justified as well as the questioning of the driver of the vehicle. The defendant was one of the passengers. (See, People v McLaurin, 120 A.D.2d 270.)

Applying the approach in People v Leung (68 N.Y.2d 734, 736), we have a traffic violation, which justifies the stop, occurring at 1:00 A.M...

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