Majority
p. 1010The People of the State of New York, Appellant, v James Miles, Respondent. [918 NYS2d 594]
The Supreme Court properly determined that the arresting officers lacked an objective, credible reason for approaching the stopped car in which the defendant was a passenger, identifying themselves as police officers, and shining at least one flashlight into the car (see People v Ocasio, 85 NY2d 982 , 984 [1995]; see also People v McIntosh, 96 NY2d 521 , 525 [2001]; People v Holl
p. 1011
man, 79 NY2d 181 , 194 [1992]). The officer who testified at the suppression hearing failed to articulate any reason for approaching the vehicle other than the car was parked outside a bar in an area where there had been “community complaints” of gang and drug activity, which, standing alone, did not constitute a sufficient basis for the officer to approach the vehicle and request information (see People v McIntosh, 96 NY2d at 526 ; cf. People v Reyes, 83 NY2d 945 , 946 [1994], cert denied 513 US 991 [1994]). Accordingly, the physical evidence seized and the statements made by the defendant were properly suppressed, and upon reargument, the Supreme Court properly adhered to its original determination. Rivera, J.E, Dickerson, Eng and Lott, JJ., concur.
Cases cited
- People v. Ocasio 85 NY2d 982 at 984 p. 1010
- People v. McIntosh 96 NY2d 521 at 525 p. 1010
- People v. Hollman 79 NY2d 181 at 194 p. 1011
- People v. Reyes 83 NY2d 945 at 946 p. 1011