People v. Figueroa

• Court: New York Supreme Court — Appellate Division
• Citation: People v. Figueroa, 38 AD3d 796, 833 N.Y.S.2d 528, 2007 NY Slip Op 2575 (N.Y. App. Div. 2007)
• Decision Date: 20 March 2007
• Docket Number: 2005-02262.
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND FIGUEROA, Appellant.

38 A.D.3d 796

833 N.Y.S.2d 528

2007 NY Slip Op 02575

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND FIGUEROA, Appellant.

2005-02262.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 20, 2007.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered February 22, 2005, convicting him of criminal possession of a controlled substance

in the second degree, criminal possession of a controlled substance in the third degree (four counts), criminal possession of a controlled substance in the fourth degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

On appeal, the defendant contends that the police did not have probable cause on December 11, 2003 to pull over the vehicle in which he was a passenger. Thus, the defendant contends that the court erred in denying that branch of his omnibus motion which was to suppress physical evidence. Contrary to the People's contention, the defendant adequately preserved this issue for appellate review (see CPL 470.05 [2]).

However, as the People correctly contend, the police were not required to have "probable cause" that a crime had been committed in order to pull over the vehicle in which the defendant was a passenger. "It is fundamental that in order to stop a vehicle the police must have a `reasonable suspicion', based on objective evidence, that the occupants were involved in a felony or...