PEOPLE v. GUZMAN


153 A.D.2d 320 (1990)

The People of the State of New York, Respondent, v. Eddie Guzman, Appellant

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

February 2, 1990


Attorney(s) appearing for the Case

Andrew Phelan for appellant.

Paul Carbonaro (Dennis Sedor of counsel), for respondent.

LAWTON and DAVIS, JJ., concur with GREEN, J.; BOOMER, J. P., and PINE, J., dissent and vote to affirm in an opinion by PINE, J.


GREEN, J.

County Court should have granted defendant's motion to suppress contraband seized under the rear seat of the vehicle he was driving because the police officer's conduct exceeded permissible constitutional bounds and because defendant's conduct did nothing to arouse the officer's suspicion that he was engaged in criminal activity.

Defendant was driving, with permission, a Buffalo Airport taxi...

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