PEOPLE v. MAY


52 A.D.3d 147 (2008)

861 N.Y.S.2d 276

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RASHAN MAY, Respondent.

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

May 27, 2008.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Christopher P. Marinelli and Julie Paltrowitz of counsel), for appellant.

Law Offices of Don Savatta, New York City (Don Savatta and Germana F. Giordano of counsel), for respondent.

SWEENY, McGUIRE and ACOSTA, JJ., concur.


OPINION OF THE COURT

SAXE, J.P.

Where police officers who initially detained defendant on a routine traffic stop continued to detain him when no further identifiable grounds for the stop remained, defendant's suppression motion was properly granted.

On the night of June 21, 2006, Police Officer Brian Erbis was driving a marked police car on patrol in Manhattan's Chelsea neighborhood with Sergeant Pelicotti and Lieutenant Ryan. At approximately 9...

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