People v. Simone
351 N.E.2d 432, 39 N.Y.2d 818, 385 N.Y.S.2d 765, 1976 N.Y. LEXIS 2761
Opinion
Memorandum. Since the record discloses no more than "mere whim, caprice, or idle curiosity” for the stop of defendant’s automobile, the physical evidence seized as a result thereof should have been suppressed (People v Ingle, 36 NY2d 413, 420).
Accordingly, the order of the Appellate Division should be reversed, the plea vacated, and the indictment dismissed.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.
Order reversed, etc.
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People v. Simone, 351 N.E.2d 432, 39 N.Y.2d 818, 385 N.Y.S.2d 765, 1976 N.Y. LEXIS 2761 (N.Y. 1976).
351 N.E.2d 432 (People v. Simone) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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