Vehicle and Traffic Law violation in New York

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2015Where, as here, a stop based upon a Vehicle and Traffic Law violation “is challenged by a motion to suppress, the prosecution bears the burden of establishing that the officer imparting the information had probable cause to act” (People v Ketcham, 93 NY2d 416, 420 [1999]; see People v Ramirez-Portoreal, 88 NY2d 99, 113-114 [1996]).

2015Where, as here, a stop based upon a Vehicle and Traffic Law violation “is challenged by a motion to suppress, the prosecution bears the burden of establishing that the officer imparting the information had probable cause to act” (People v Ketcham, 93 NY2d 416, 420 [1999]; see People v Ramirez-Portoreal, 88 NY2d 99, 113-114 [1996]).

2014While “[i]t is well settled that the police may lawfully stop a vehicle based on a reasonable suspicion that there has been a Vehicle and Traffic Law violation” (People v Rorris, 52 AD3d 869, 870 [2008]), where, as here, “the officer’s belief is based on an erroneous interpretation of law, the stop is illegal at the outset and any further actions by the police as a direct result of the stop are illegal” (Matter of Byer v Jackson, 241 AD2d 943, 944-945 [1997]).

2011Considering the evidence and ignoring Supreme Court’s improper experiment, the deputy lawfully stopped defendant’s vehicle, requiring denial of the suppression motion on that basis. “[T]he police may lawfully stop a vehicle based on a reasonable suspicion that there has been a Vehicle and Traffic Law violation” (People v Rorris, 52 AD3d 869, 870 [2008], lv denied 11 NY3d 741 [2008]).

2016Defendant contends, however, that the pat down was not justified inasmuch as the police officers lacked the requisite reasonable basis to suspect that he was concealing a weapon or that they were otherwise in danger (see generally People v Goodson, 85 AD3d 1569, 1570 [2011], lv denied 17 NY3d 953 [2011]; People v Everett, 82 AD3d 1666, 1666 [2011]).

2016Defendant contends, however, that the pat down was not justified inasmuch as the police officers lacked the requisite reasonable basis to suspect that he was concealing a weapon or that they were otherwise in danger (see generally People v Goodson, 85 AD3d 1569, 1570 [2011], lv denied 17 NY3d 953 [2011]; People v Everett, 82 AD3d 1666, 1666 [2011]).

2016Defendant contends, however, that the pat down was not justified inasmuch as the police officers lacked the requisite reasonable basis to suspect that he was concealing a weapon or that they were otherwise in danger (see generally People v Goodson, 85 AD3d 1569, 1570 [2011], lv denied 17 NY3d 953 [2011]; People v Everett, 82 AD3d 1666, 1666 [2011]).

2016Defendant contends, however, that the pat down was not justified inasmuch as the police officers lacked the requisite reasonable basis to suspect that he was concealing a weapon or that they were otherwise in danger (see generally People v Goodson, 85 AD3d 1569, 1570 [2011], lv denied 17 NY3d 953 [2011]; People v Everett, 82 AD3d 1666, 1666 [2011]).

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2016We also note that defendant does not dispute that the vehicle was lawfully stopped based upon a police officer’s observation of a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Grimes, 133 AD3d 1201, 1202 [2015]), or that the officers were thereafter entitled to direct defendant to exit the vehicle “as a precautionary measure and without particularized suspicion” (People v Garcia, 20 NY3d 317, 321 [2012]; see People v Robinson, 74 NY2d 773, 775 [1989], cert denied 493 US 966 [1989]).

2015Where, as here, a stop based upon a Vehicle and Traffic Law violation “is challenged by a motion to suppress, the prosecution bears the burden of establishing that the officer imparting the information had probable cause to act” (People v Ketcham, 93 NY2d 416, 420 [1999]; see People v Ramirez-Portoreal, 88 NY2d 99, 113-114 [1996]).

2015Where, as here, a stop based upon a Vehicle and Traffic Law violation “is challenged by a motion to suppress, the prosecution bears the burden of establishing that the officer imparting the information had probable cause to act” (People v Ketcham, 93 NY2d 416, 420 [1999]; see People v Ramirez-Portoreal, 88 NY2d 99, 113-114 [1996]).

2021When a defendant is charged in a simplified traffic information with a Vehicle and Traffic Law violation and makes a timely request for a supporting deposition, he or she is entitled, as of right, to receive a supporting deposition of the complainant police officer and, upon such a request, the court must order the complainant police officer to, among other things, "file such supporting deposition with the court together with proof of service thereof" (CPL 100.25 [2]; see People v Key , 45 NY2d 111, 116 [1978]).

2018When a defendant is charged in a simplified traffic information with a Vehicle and Traffic Law violation and makes a timely request for a supporting deposition, he is entitled, as of right, to receive a "supporting deposition of the complainant police officer . . . containing allegations of fact, based either upon personal knowledge or upon information and belief, providing reasonable cause [*2] to believe that the defendant committed the offense or offenses charged" (CPL 100.25 [2]; see also People v Key , 45 NY2d 111, 116 [1978]) within 30 days of the court's receipt of his request, or at le

2020People 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 for informat

2011A police officer may lawfully stop a vehicle based upon probable cause that there has been a Vehicle and Traffic Law violation (see People v Robinson, 97 NY2d 341, 348-349 [2001]; People v Johnson, 83 AD3d 733 [2011]; People v Sluszka, 15 AD3d 421, 423 [2005]).

2014While “[i]t is well settled that the police may lawfully stop a vehicle based on a reasonable suspicion that there has been a Vehicle and Traffic Law violation” (People v Rorris, 52 AD3d 869, 870 [2008]), where, as here, “the officer’s belief is based on an erroneous interpretation of law, the stop is illegal at the outset and any further actions by the police as a direct result of the stop are illegal” (Matter of Byer v Jackson, 241 AD2d 943, 944-945 [1997]).

2011However, reasonable suspicion cannot be based on a mistake of law; “[w]here the officer’s belief is based on an erroneous interpretation of law, the stop is illegal at the outset and any further actions by the police as a direct result of the stop are illegal” (Matter of Byer v Jackson, 241 AD2d 943, 944-945 [1997]; see People v Rose, 67 AD3d 1447, 1449 [2009]; see also People v Gonzalez, 88 NY2d 289, 296 [1996]).

2024"Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis" ( Whren v United States , 517 US 806, 813 [1996]; see People v Robinson , 97 NY2d 341, 349 [2001]).

1998After scrutinizing the stop for a Vehicle and Traffic Law violation for which a summons was issued (see, People v Bernier, 245 AD2d 137 [1st Dept 1997]; People v Watson, 157 AD2d 476 [1st Dept 1990]), the court determined that it was not pretextual, as claimed by defendant, and that the police had not exceeded the scope of proper conduct in halting the vehicle and questioning its occupants (see, People v Spencer, 84 NY2d 749 [1995]; People v Martinez, 246 AD2d 456 [1st Dept 1998]; People v Washington, 238 AD2d 43 [1st Dept 1998]; cf., Whren v United States, 517 US 806 [1996]).

2022In order to stop a moving vehicle, a police officer must have reasonable suspicion that its occupants have committed a crime or observe a Vehicle and Traffic Law violation ( People v May , 81 NY2d 725 [1992]; People v Ingle , 36 NY2d 413 [1975]; People v Rose , 67 AD3d 1447 [4th Dept 2009]).

2022In order to stop a moving vehicle, a police officer must have reasonable suspicion that its occupants have committed a crime or observe a Vehicle and Traffic Law violation ( People v May , 81 NY2d 725 [1992]; People v Ingle , 36 NY2d 413 [1975]; People v Rose , 67 AD3d 1447 [4th Dept 2009]).

2022In order to stop a moving vehicle, a police officer must have reasonable suspicion that its occupants have committed a crime or observe a Vehicle and Traffic Law violation ( People v May , 81 NY2d 725 [1992]; People v Ingle , 36 NY2d 413 [1975]; People v Rose , 67 AD3d 1447 [4th Dept 2009]).

2022In order to stop a moving vehicle, a police officer must have reasonable suspicion that its occupants have committed a crime or observe a Vehicle and Traffic Law violation ( People v May , 81 NY2d 725 [1992]; People v Ingle , 36 NY2d 413 [1975]; People v Rose , 67 AD3d 1447 [4th Dept 2009]).

2022In order to stop a moving vehicle, a police officer must have reasonable suspicion that its occupants have committed a crime or observe a Vehicle and Traffic Law violation ( People v May , 81 NY2d 725 [1992]; People v Ingle , 36 NY2d 413 [1975]; People v Rose , 67 AD3d 1447 [4th Dept 2009]).

2022In order to stop a moving vehicle, a police officer must have reasonable suspicion that its occupants have committed a crime or observe a Vehicle and Traffic Law violation ( People v May , 81 NY2d 725 [1992]; People v Ingle , 36 NY2d 413 [1975]; People v Rose , 67 AD3d 1447 [4th Dept 2009]).

2024Here, however, the officers possessed reasonable suspicion of criminal activity given defendant's false answers, combined with the officers' personal knowledge of his criminal history, parole status, and apparent parole violations for travel outside Chemung County beyond his curfew time ( see{**42 NY3d at 248} Rodriguez , 575 US at 354-355). [FN3] Put another way, if defendant was unknown to the officers, then "nervousness and the innocuous discrepancies in his . . . answers" ( Banks , 85 NY2d at 562 ) would not have justified the officers' prolonged detention after resolving the Vehicle and T

2022A traffic violation such as operating a car without a license plate provides probable cause that the driver committed a traffic violation, and justifies the lawful traffic stop and limited inquiries of the driver ( see People v Weishaupt , 118 AD3d 1100, 1102 [3rd Dept 2014]).

2022A traffic violation such as operating a car without a license plate provides probable cause that the driver committed a traffic violation, and justifies the lawful traffic stop and limited inquiries of the driver ( see People v Weishaupt , 118 AD3d 1100, 1102 [3rd Dept 2014]).

2020People 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 for informat

2020People 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 for informat

2020Contrary to defendant's contention, the vehicle in which defendant was riding was lawfully stopped based upon the police officers' observations of a Vehicle and Traffic Law violation ( see People v Brunson , 145 AD3d 1476, 1477 [4th Dept 2016], lv denied 29 NY3d 947 [2017]).

2018Even assuming the conviction is admissible, a Vehicle and Traffic Law violation does not itself establish negligence, when, as the court found here, the driver has exercised reasonable care in an effort to comply with the statute ( see Luck v Tellier , 222 AD2d 783, 785 [3d Dept 1995]).