People v. Beckwith
| Decision Date | 13 July 1990 |
| Citation | 163 A.D.2d 863,558 N.Y.S.2d 394 |
| Parties | PEOPLE of the State of New York, Respondent, v. Brian D. BECKWITH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Griffith Winthrop, Canandaigua, for appellant.
R. Michael Tantillo by Jeffrey Taylor, Canandaigua, for respondent.
Before DILLON, P.J., and DOERR, BOOMER, LAWTON and DAVIS, JJ.
Defendant contends that the People failed to establish reasonable cause for the stop of his automobile prior to his arrest on charges of driving while intoxicated and aggravated unlicensed operation of a motor vehicle. We disagree. The police suspected that defendant's driver's license had been revoked and, as they followed defendant's vehicle, that information was confirmed by radio transmission. Defendant's vehicle was also observed weaving in its lane. The stop was thus properly based upon specific and articulable facts which reasonably warranted the intrusion (see, People v. Sobotker, 43 N.Y.2d 559, 402 N.Y.S.2d 993, 373 N.E.2d 1218; People v. Ingle, 36 N.Y.2d 413, 369 N.Y.S.2d 67, 330 N.E.2d 39). Defendant's claim that the People were required to present the testimony of the officer who transmitted the radio broadcast is unpreserved (see, People v. Dodt, 61 N.Y.2d 408, 416, 474 N.Y.S.2d 441, 462 N.E.2d 1159; People v. Weston, 56 N.Y.2d 844, 453 N.Y.S.2d 167, 438 N.E.2d 873; People v. Jenkins, 47 N.Y.2d 722, 417 N.Y.S.2d 57, 390 N.E.2d 775) and without merit (see, People v. Landy, 59 N.Y.2d 369, 376-377, 465 N.Y.S.2d 857, 452 N.E.2d 1185; People v. Mack, 26 N.Y.2d 311, 315-317, 310 N.Y.S.2d 292, 258 N.E.2d 703, cert. denied sub nom. Mack v. New York, 400 U.S. 960, 91 S.Ct. 357, 27 L.Ed.2d 270; People v. Knight, 162 A.D.2d 970, 557 N.Y.S.2d 195; People v. Buckley, 147 A.D.2d 898, 537 N.Y.S.2d 356, affd. 75 N.Y.2d 843, 552 N.Y.S.2d 912, 552 N.E.2d 160).
Judgment unanimously affirmed.
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People v. Newton
...for appellate review or lacking in merit (see, e.g., People v. Beltraz, 165 A.D.2d 745, 746, 560 N.Y.S.2d 190; People v. Beckwith, 163 A.D.2d 863, 558 N.Y.S.2d 394; People v. Tyson, 160 A.D.2d 826, 554 N.Y.S.2d THOMPSON, J.P., and ROSENBLATT, LAWRENCE and MILLER, JJ., concur. ...
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...testimony of the person who transmitted the radio communication to the arresting officer (see, People v. Landy, supra; People v. Beckwith, 163 A.D.2d 863, 558 N.Y.S.2d 394; People v. Knight, 162 A.D.2d 970, 557 N.Y.S.2d 195, lv. denied 76 N.Y.2d 941, 563 N.Y.S.2d 70, 564 N.E.2d 680). The of......
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