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PEOPLE v. GONZALEZ

25 A.D.3d 620 (2006)

810 N.Y.S.2d 87

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHANNES GONZALEZ, Appellant.

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

January 17, 2006.

Ordered that the judgment is affirmed.

Police Officer Stephen Smith's decision to stop the vehicle in which the defendant was a passenger was justified by his observation that the driver had committed a traffic infraction (see People v Robinson, 97 N.Y.2d 341, 351-353 [2001]; People v Romeo, 15 A.D.3d 420 [2005]). At the suppression hearing, the defendant failed to carry his burden...

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