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People v. Simone

39 N.Y.2d 818 Court N.Y. Decision date 1976-05-06 English

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p. 818
The People of the State of New York, Respondent, v Frank Simone, Also Known as Gerald Christy, Appellant.
Argued April 1, 1976;
decided May 6, 1976
David J. Gottlieb and William E. Hellerstein for appellant.
p. 819
Robert M. Morgenthau, District Attorney (Norman Barclay and Peter L. Zimroth of counsel), for respondent.

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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