PEOPLE v. LOVELY

4841, 5707/13.

154 A.D.3d 635 (2017)

2017 NY Slip Op 07571

62 N.Y.S.3d 795

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREEMAN LOVELY, Appellant.

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

Decided October 31, 2017.


Regardless of whether defendant made a valid waiver of his right to appeal, we find that the court properly denied defendant's suppression motion. The stop of defendant's van was lawful even though one of the two bases for the stop mentioned in the officers' hearing testimony constituted an objectively reasonable mistake of law (see People v Guthrie, 25 N.Y.3d 130, 138 [2015]), and defendant's remaining suppression arguments are...

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