People v. Rijo

• Decision Date: 03 October 1995
• Citation: 220 A.D.2d 217,632 N.Y.S.2d 4
• Parties: The PEOPLE of the State of New York, Appellant, v. Manuel RIJO, Defendant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 4

632 N.Y.S.2d 4

220 A.D.2d 217

The PEOPLE of the State of New York, Appellant, v. Manuel RIJO, Defendant-Respondent.

Supreme Court, Appellate Division, First Department.

Oct. 3, 1995.

S. Gliner, for appellant.

E.L. Dille, for defendant-respondent.

Before ROSENBERGER, J.P., and ELLERIN, WILLIAMS, TOM and MAZZARELLI, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered on or about December 9, 1993, which, upon reargument, granted defendant's motion to suppress physical evidence, unanimously affirmed.

Suppression was properly granted as the evidence seized was the fruit of an unjustified stop. The testimony of the People's only witness at the suppression hearing clearly established that the traffic violation for which the cab in which defendant was a passenger was stopped was merely a pretext to investigate defendant on an unrelated matter. In particular, we note the failure of the police officers to check on the cab's license plate or to issue its driver a summons (see, People v. Laws, 213 A.D.2d 226, 623 N.Y.S.2d 860, lv. denied 85 N.Y.2d 975, 629 N.Y.S.2d 735, 653 N.E.2d 631).