PEOPLE v. MAJOR

7836-5779/08, 7837

115 A.D.3d 1 (2014)

978 N.Y.S.2d 165

2014 NY Slip Op 197

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVONE MAJOR, Appellant.

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

Decided January 14, 2014.


Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Joseph M. Nursey of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Caleb Kruckenberg and Eleanor J. Ostrow of counsel), for respondent.

SWEENY, DEGRASSE and FREEDMAN, JJ., concur; MAZZARELLI, J.P., dissents in a separate opinion.


OPINION OF THE COURT

RICHTER, J.

On the morning of November 6, 2008, Detective Raymond Mongelli was driving in a marked police car in the vicinity of Lenox Avenue in upper Manhattan. Mongelli, who was in uniform, noticed a black Lexus with heavily tinted windows, a violation of the Vehicle and Traffic Law. The Lexus turned west from Lenox Avenue onto 115th Street, and Mongelli activated the patrol car's lights and siren and signaled the Lexus to pull over...

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