PEOPLE v. GARCIA

Dkt. 58014C/07, 4110

85 A.D.3d 28 (2011)

923 N.Y.S.2d 433

2011 NY Slip Op 3306

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL GARCIA, Appellant.

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

Decided April 26, 2011.


Attorney(s) appearing for the Case

Steven Banks , The Legal Aid Society, New York City ( Denise Fabiano of counsel), and Kramer Levin Naftalis & Frankel, LLP, New York City ( Matan A. Koch of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Maureen L. Grosdidier and Stanley R. Kaplan of counsel), for respondent.

GONZALEZ, P.J., SWEENY, FREEDMAN and ABDUS-SALAAM, JJ., concur.


OPINION OF THE COURT

ACOSTA, J.

The issue in this case is whether the nervousness of occupants of a car stopped for a traffic infraction gives rise to a founded suspicion of criminality such that an officer's question regarding the presence of weapons in the vehicle was permissible under the common-law right of inquiry. We hold that it does not.

On September 19, 2007, uniformed officers Cleri, Manning and Payton pulled over defendant's Honda because...

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