People v. Marley

201 A.D.2d 925, 607 N.Y.S.2d 768

Opinion

Order unani mously reversed on the law, motion denied and matter remitted to Genesee County Court for further proceedings on the indictment. Memorandum: The court erred in granting defendant’s motion to suppress evidence on the ground that the arresting officer did not have a reasonable suspicion of criminal activity justifying his stop of defendant’s vehicle. We conclude that the stop was proper because the officer entertained a reasonable suspicion that a crime had been committed by defendant (see, People v. May, 81 NY2d 725, 727). In responding to the scene of a reported explosion, the police were told by witnesses that a person who drove away in a black Pontiac Trans Am had thrown fireworks. The arresting officer observed defendant driving a black Pontiac Trans Am about 15 minutes after the explosion and about one-half to three-quarters of a mile from the scene. Given those facts, the officer had reasonable suspicion upon which to stop defendant’s vehicle (see, People v Holstein, 154 AD2d 905, lv denied 74 NY2d 949). (Appeal from Order of Genesee County Court, Morton, J. — Suppress Evidence.) Present — Denman, P. J., Green, Balio, Lawton and Boehm, JJ.