PEOPLE v. SMITH

KA 09-00912

67 A.D.3d 1392 (2009)

887 N.Y.S.2d 883

2009 NY Slip Op 08334

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LARRY SMITH, JR., Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 13, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.

Memorandum: The People appeal from an order granting defendant's motion to suppress evidence seized as the result of a traffic stop. We conclude that County Court properly suppressed the evidence on the ground that the police officer made a mistake of law in stopping defendant's vehicle, which had in fact performed a legal pass on the right pursuant to Vehicle...

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