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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
CourtNew York Court of Appeals
DecidedMay 6, 1976
StatusPublished
Cited by13 cases

This text of 351 N.E.2d 432 (People v. Simone) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Bluebook (online)
351 N.E.2d 432, 39 N.Y.2d 818, 385 N.Y.S.2d 765, 1976 N.Y. LEXIS 2761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simone-ny-1976.