People v. Houghtalen
| Decision Date | 03 November 2011 |
| Citation | 931 N.Y.S.2d 922,89 A.D.3d 1163,2011 N.Y. Slip Op. 07760 |
| Parties | The PEOPLE of the State of New York, Respondent,v.Dale G. HOUGHTALEN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
89 A.D.3d 1163
931 N.Y.S.2d 922
2011 N.Y. Slip Op. 07760
The PEOPLE of the State of New York, Respondent,
v.
Dale G. HOUGHTALEN, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Nov. 3, 2011.
Frederick C. Luther, Waverly, for appellant.Gerald A. Keene, District Attorney, Owego (Adam R. Schumacher of counsel), for respondent.Before: PETERS, J.P., ROSE, LAHTINEN, McCARTHY and GARRY, JJ.LAHTINEN, J.
[89 A.D.3d 1164] Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), rendered August 13, 2010, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.
Defendant contends that his arrest for driving while intoxicated resulted from an unlawful traffic stop by police. Police were contacted by the victim of an alleged assault, who resided with, among others, Marjorie Hall and defendant at defendant's home. The victim reported that Hall had assaulted her that day and then left the residence and was currently riding as a passenger in defendant's vehicle. State Trooper Lucas Anthony was familiar with these individuals since he had been summoned to defendant's residence a few days earlier regarding a reported domestic dispute involving Hall and another individual. Anthony relayed the pertinent information to another trooper, and the troopers proceeded in separate vehicles to near defendant's home. Shortly thereafter, the other trooper stopped the truck driven by defendant in which Hall was a passenger. Anthony joined the other trooper and observed that defendant appeared intoxicated when he conversed with him. Defendant failed a field sobriety test, resulting in his arrest and subsequent indictment for, among other things, felony driving while intoxicated. His motion to suppress based upon the alleged unlawful stop was denied in a detailed decision by County Court. Defendant pleaded guilty to one
count of driving while intoxicated as a felony, specifically reserving his right to challenge on appeal the suppression ruling. Defendant now appeals and we affirm.A traffic stop by police is lawful “when there exists at least a reasonable suspicion that the driver or occupants of the vehicle have committed, are committing, or are about to commit a crime” ( People v. Spencer, 84 N.Y.2d 749, 753, 622 N.Y.S.2d 483, 646 N.E.2d 785 [1995], cert. denied 516 U.S. 905, 116 S.Ct. 271, 133 L.Ed.2d 192 [1995]; see People v. Brisson, 68 A.D.3d 1544, 1547–1548, 892 N.Y.S.2d 618 [2009]...
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