PEOPLE v. BERBERENA


264 A.D.2d 670 (1999)

696 N.Y.S.2d 116

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES BERBERENA, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANK CRUZ, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WENDELL RODRIGUEZ, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ANTHONY VELEZ, Respondent.

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

Decided September 28, 1999.


Defendants' suppression motions were properly granted. The officers were justified in stopping defendants' vehicle for a traffic violation, but in the absence of any suspicious circumstances other than allegedly nervous behavior of a minimal and equivocal nature, the police did not have a founded suspicion that criminality was afoot sufficient to justify their clearly accusatory inquiry and their request for consent to search the vehicle's trunk where the weapon was recovered...

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