People v. Nicolo

Appellate Division of the Supreme Court of New York

People v. Nicolo

166 A.D.2d 912, 560 N.Y.S.2d 572, 1990 N.Y. App. Div. LEXIS 12204

Appellate Division of the Supreme Court of the State of New York·Decided October 5, 1990·Published·Cited by 2 cases

Opinion

Judgment unanimously affirmed. Memorandum: The police properly stopped defendant’s car based upon the officer’s observation that defendant illegally crossed over a safety zone (see, 17 NYCRR 261.10 [a]) before making a turn (see, Vehicle and Traffic Law § 1120 [a] [1], [4]; § 1128 [a], [d]). That violation established an articulable basis for the stop and gave the officer reasonable grounds to suspect that defendant was driving while intoxicated (see, People v Wohlers, 138 AD2d 957). (Appeal from judgment of Ontario County Court, Henry, Jr., J.—felony driving while intoxicated.) Present—Boomer, J. P., Green, Pine, Balio and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: The police properly stopped defendant’s car based upon the officer’s observation that defendant illegally crossed over a safety zone (see, 17 NYCRR 261.10 [a]) before making a turn (see, Vehicle and Traffic Law § 1120 [a] [1], [4]; § 1128 [a], [d]). That violation established an articulable basis for the stop and gave the officer reasonable grounds to suspect that defendant was driving while intoxicated (see, People v Wohlers, 138 AD2d 957). (Appeal from judgment of Ontario County Court, Henry, Jr., J.—felony driving while intoxicated.) Present—Boomer, J. P., Green, Pine, Balio and Davis, JJ.

People v. Nicolo, 166 A.D.2d 912, 560 N.Y.S.2d 572, 1990 N.Y. App. Div. LEXIS 12204 (N.Y. Ct. App. 1990).

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