PEOPLE v. DIAZ


232 A.D.2d 289 (1996)

648 N.Y.S.2d 562

The People of the State of New York, Appellant, v. Dionisio Diaz, Respondent. The People of the State of New York, Appellant, v. Raphael Martinez, Respondent

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

October 24, 1996


Despite having credited the police testimony that the livery cab in which defendants were passengers was being driven without operable brake lights, the hearing court concluded that such stop was simply a pretext to "check out" the two men in the back and that if nothing had been found, no summons would have been issued. Unlike the situation in People v Elam (179 A.D.2d 229, appeal dismissed 80 N.Y.2d 958...

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