Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Appellate Term, First Department:June 23, 2020

Appellate Term, First Department:June 23, 2020

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

By: Shulman, P.J., Cooper, Torres, JJ.

15-040. THE PEOPLE OF THE STATE OF NEW YORK, res, v. JIMMY CASTANEDA, def-app — Judgment of conviction (James M. Burke, J.), rendered January 14, 2014, affirmed. The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v. Prochilo, 41 NY2d 759, 761 [1977]). The suppression issue turns on the legality of the initial police contact with a car defendant was driving, after which police made observations that ultimately led to defendant’s arrest for driving while intoxicated. The record supports the court’s finding that based on the totality of the circumstances (see People v. Ocasio, 85 NY2d 982 [1995]), the encounter was a nonforcible approach to an already stopped vehicle, rather than a seizure (see People v. Bora, 83 NY2d 531 [1994]; People v. Dumit, 136 AD3d 510, 511 [2016], lv denied 27 NY3d 1068 [2016]), requiring only an objective, credible reason, for which there was ample basis. The credited testimony established that defendant’s vehicle sped past a security checkpoint outside a restricted “Authorized Vehicles Only” entrance to the Port Authority Bus Terminal, disregarding a Port Authority police officer who screamed and waived at defendant to stop, and then pulled into a bus loading zone and then stopped on its own. In any event, to the extent that the reasonable suspicion standard applies, the court properly found that the officer had reasonable suspicion as well (see People v. De Bour, 40 NY2d 210, 223 [1976]). All concur. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
New Jersey Law Revision Commission Full-time staff attorney position

The New Jersey Law Revision Commission, an independent legislative commission (N.J.S. 1:12A-1 et seq.), seeks a NJ-licensed atty in good sta...


Apply Now ›
Associate General Counsel for Litigation

The Federal Election Commission (FEC) is looking for a passionate and dedicated individual with extensive litigation experience as well as o...


Apply Now ›
Finance/Corporate Trust Attorney - CT or Remote

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...


Apply Now ›
Go to Lawjobs