We note that Gov. Andrew Cuomo has called on the Commission on Judicial Nominations to accelerate the process to fill the vacancy unfortunately created by the passing of Judge Sheila Abdus-Salaam. While the procedure set forth in the Judiciary Law would normally provide for a selection process running into mid-September, the governor has asked that the process be completed in time for the Senate to take action before the close of the current legislative session, which is currently set for June 21st.
In this month’s column, we examine a case in which the Court of Appeals ruled that law enforcement officers may check a vehicle’s license plate number and access any information in a DMV database regarding whether the vehicle’s registration is in compliance with the law, without any other suspicion regarding the car or its driver. In People v. Bushey, the court ruled that individuals do not have a right to expect privacy in their license plate number or the associated information in a law enforcement or DMV database about whether the registration is valid or has violations. If there are issues with the registration, such as a suspension, the police officer then has probable cause to stop the automobile.
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