People v. Llopis
| Decision Date | 08 December 1986 |
| Citation | 509 N.Y.S.2d 135,125 A.D.2d 416 |
| Parties | The PEOPLE, etc., Respondent, v. Alexander LLOPIS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Matthew Muraskin, Mineola (Michael J. Obus, of counsel, Stacy Wolf, on the brief), for appellant.
Denis Dillon, Dist. Atty., Mineola (Bruce E. Whitney and Anthony J. Girese, of counsel), for respondent.
Before MOLLEN, P.J., and BRACKEN, BROWN and SULLIVAN, JJ.
MEMORANDUM BY THE COURT.
Appeals by the defendant from three judgments of the County Court, Nassau County (Winick, J.), all rendered April 25, 1984, convicting him of burglary in the second degree under Indictment No. 57402, criminal impersonation in the first degree under Indictment No. 57403, and burglary in the second degree under Indictment No. 57493, upon his pleas of guilty, and imposing sentences. The appeals bring up for review the denial, after a hearing (Murray, J.), of those branches of the defendant's omnibus motion which were to suppress certain statements made by the defendant to the police, and certain physical evidence.
ORDERED that the judgments are reversed, on the law and the facts, those branches of the defendant's omnibus motion which were to suppress physical evidence and statements are granted, the indictments are dismissed, and the matter is remitted to the County Court, Nassau County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
On June 23, 1983, at approximately 2:00 P.M., police officer Kevin O'Toole was patrolling alone in a marked radio motor patrol car in Rockville Centre. As he attempted to make a left hand turn from North Village Avenue onto Lexington Street to investigate a commercial vehicle parked in that residential area, he discovered that his way was partially blocked by a Ford Thunderbird parked within 10 feet of the stop sign located at the intersection of Lexington Street and North Village Avenue. O'Toole observed that the Thunderbird was occupied by two individuals and noticed that the passenger's head "dropped from seated level approximately six to eight inches as if to shrink down".
O'Toole did not complete the turn, but continued slowly on North Village Avenue, watching the Thunderbird in his rear view mirrors. The Thunderbird slowly moved into the intersection, and when O'Toole slammed on his brakes to see how the driver of the vehicle would react, the Thunderbird rapidly crossed the intersection, went on an access road, and then entered Peninsula Boulevard. O'Toole turned around and followed the Thunderbird onto Peninsula Boulevard, and as he gained on that car, he saw the two occupants looking over their right...
To continue reading
Request your trial
-
People v. Sanchez
...623 N.Y.S.2d 860 (1st Dep't 1995); People v. Smith, 181 A.D.2d 802, 803, 581 N.Y.S.2d 240 (2d Dep't 1992); People v. Llopis, 125 A.D.2d 416, 417, 509 N.Y.S.2d 135 (2d Dep't 1986). If the court concludes the arresting officers would have ignored the traffic offenses but for curiosity, bias, ......
-
People v. Dickson
...N.Y.S.2d 223 [4th Dep't 1991] [stop not motivated by traffic infraction, but by suspicion of drug activity]; People v. Llopis, 125 A.D.2d 416, 509 N.Y.S.2d 135 [2d Dep't 1986] [stop not motivated by parking infraction and speeding, but by occupants' suspicious movements]; see also People v.......
-
People v. Washington
...by the hearing court (see, e.g., People v. Laws, supra, 213 A.D.2d at 227, 623 N.Y.S.2d 860 [1st Dept.]; People v. Llopis, 125 A.D.2d 416, 417, 509 N.Y.S.2d 135 [2d Dept.]; People v. Letts, 180 A.D.2d 931, 934, 580 N.Y.S.2d 525 appeal dismissed 81 N.Y.2d 833, 595 N.Y.S.2d 394, 611 N.E.2d 29......
-
People v. Woods
...e.g., People v. Smith, 181 A.D.2d 802, 581 N.Y.S.2d 240; People v. Miret-Gonzalez, 159 A.D.2d 647, 552 N.Y.S.2d 958; People v. Llopis, 125 A.D.2d 416, 509 N.Y.S.2d 135; see generally, Kamins, NY Search & Seizure, ch. V[A], Automobile Stops). Here the evidence established that Trooper Candel......