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PEOPLE v. FORBES

283 A.D.2d 92 (2001)

728 N.Y.S.2d 64

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FARQUAN FORBES, Also Known as MICHAEL FORBES, Appellant.

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

July 2, 2001.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City (David P. Greenberg of counsel), for appellant.

William L. Murphy, District Attorney of Richmond County, Staten Island (Jonathan J. Silbermann and Gary R. DeFilipo of counsel), for respondent.

RITTER, J. P., KRAUSMAN and S. MILLER, JJ., concur.

OPINION OF THE COURT

FEUERSTEIN, J.

On this appeal we are called upon to determine whether the police, pursuant to a lawful traffic stop, may constitutionally require the driver of the vehicle and all passengers to remain in the vehicle until the traffic stop is concluded. We hold that, upon weighing the minimal degree of the intrusion upon the passengers' liberty against the significant safety concerns of the investigating officers, it is permissible to...

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