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PEOPLE v. MILES

2010-05640.

82 A.D.3d 1010 (2011)

918 N.Y.S.2d 594

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES MILES, Respondent.

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

Decided March 15, 2011.

Ordered that the order entered May 20, 2010, is affirmed insofar as appealed from.

The Supreme Court properly determined that the arresting officers lacked an objective, credible reason for approaching the stopped car in which the defendant was a passenger, identifying themselves as police officers, and shining at least one flashlight into the car (see People v Ocasio, 85 N.Y.2d 982, 984 [1995]; see also People v...

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