People v. White, 40 A.D.3d 535 (N.Y. App. Div. 2007). · Go Syfert
People v. White, 40 A.D.3d 535 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 4 distinct courts.
Strongest positive: People v. Cooper (nyappdiv, 2025-03-21)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Cooper
N.Y. App. Div. · 2025 · confidence medium
Even assuming, arguendo, that defendant was illegally pursued and detained after he fled, we conclude that his "entirely unprovoked flight, leaving the vehicle . . . , constituted an abandonment of the . . . [handgun] found in the . . . car and undermined any claim to a reasonable expectation of privacy he might otherwise have had" ( People v Layou , 159 AD3d 1413 , 1414 [4th Dept 2018], lv denied 31 NY3d 1084 [2018], reconsideration denied 32 NY3d 939 [2018] [internal quotation marks omitted]; see People v Barker , 113 AD3d 1111, 1111 [4th Dept 2014]; People v White , 40 AD3d 535, 536 [1st De…
discussed Cited as authority (rule) The People v. Robert Hinshaw
NY · 2020 · confidence medium
People v White, 40 AD3d 535, 536 [1st Dept 2005] [“(a) vehicular stop requires probable cause to believe the driver has committed a traffic violation”] [emphasis added]; People v Sluszka, 15 AD3d 421, 423 [2d Dept 2005] [applying probable cause to a Vehicle and Traffic Law violation rather than reasonable suspicion as the court below had]; People v Driscoll, 145 AD3d 1349, 1349 [3d Dept 2016] [“(i)n order for a traffic stop to pass constitutional muster, before making the stop, ‘a police of the police to stop a vehicle,” held that the police went beyond a De Bour level two request fo…
discussed Cited as authority (rule) People v. Wyatt
N.Y. App. Div. · 2017 · confidence medium
Insofar as relevant here, a vehicular stop requires probable cause to believe that the driver has committed a traffic violation (see People v Robinson, 97 NY2d 341, 348-349 [2001]; People v White, 40 AD3d 535, 536 [2007]). *1373 Here, the officer stopped the defendant’s vehicle for speeding.
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2016 · confidence medium
Inasmuch as the deputy’s testimony established that he was trained and certified to visually estimate the speed of a moving vehicle within five miles per hour of the actual speed and his estimation was confirmed by both front and rear radar, probable cause existed to support the stop of the taxi cab in which defendant was a passenger (see People v Ponzo, 111 AD3d 1347, 1347 [2013]; People v McLean, 99 AD3d 1111 , 1112 [2012], lv denied 20 NY3d 1013 [2013]; People v White, 40 AD3d 535, 536 [2007], lv denied 9 NY3d 883 [2007]; People v Donaldson, 35 AD3d 1242, 1242-1243 [2006], lv denied 8 NY3…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Walter White
Appellate Division of the Supreme Court of the State of New York.
May 31, 2007.
40 A.D.3d 535
Cited by 11 opinions  |  Published

Judgment, Supreme Court, New York County (Eduardo Padro, J. ), rendered June 30, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

The court properly denied defendant’s motion to suppress drugs discovered in the back seat of the taxi in which he was a passenger. There is no basis for disturbing any of the court’s[*536] credibility determinations (see People v Prochilo, 41 NY2d 759, 761 [1977]).

The officers lawfully stopped the taxi for speeding. A vehicular stop requires probable cause to believe the driver has committed a traffic violation (People v Robinson, 97 NY2d 341, 348-349 [2001]), not proof beyond a reasonable doubt. The People met their burden of establishing the lawfulness of the stop through the officers’ testimony that the cab appeared to be speeding, and that the officers themselves had to exceed the local speed limit in following the cab for several blocks (see People v Olsen, 22 NY2d 230 [1968]).

The evidence also established that, after defendant jumped out of the stopped taxi, the police immediately saw the drugs in open view. Regardless of whether the police were entitled to detain defendant at that point, the plain view observation was not a product of the detention. The record also supports the hearing court’s alternative finding that defendant intentionally abandoned the drugs when he jumped out of the vehicle (see People v Scott, 191 AD2d 200 [1993], affd 82 NY2d 729 [1993]).

The hearing court properly exercised its discretion in denying defendant’s request for an adjournment to obtain the testimony of the driver of the cab. The court indicated that an adjournment of a few weeks would be reasonable, but denied the adjournment when it learned that although the driver was in Africa for an uncertain length of time, he was not expected to return for four months (see People v Foy, 32 NY2d 473, 477-478 [1973]). Defendant did not preserve his claims that the information as to the length of the driver’s expected absence was unreliable and that he had a constitutional right to the adjournment, and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur—Mazzarelli, J.P., Friedman, Marlow, McGuire and Malone, JJ.