PEOPLE v. BARRIENTOS

4929, 1397/05.

84 A.D.3d 549 (2011)

923 N.Y.S.2d 95

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS BARRIENTOS, Appellant.

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

Decided May 17, 2011.


The court properly denied defendant's suppression motion. The evidence establishes that defendant was sitting behind the wheel of an illegally parked car, and there was no indication that he was lawfully loading or unloading passengers or property. Defendant concedes that the police had the right to ask him to move the car, but argues that they had no basis for asking to see his driver's license. However, the police were entitled to ascertain if defendant, or another occupant...

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