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People v. Boyd

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2009
68 A.D.3d 889 (N.Y. App. Div. 2009)

Opinion

No. 2006-06195.

December 8, 2009.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Sullivan, J.), rendered June 14, 2006, convicting him of attempted murder in the second degree (two counts), robbery in the first degree (four counts), attempted . robbery in the first degree, assault in the first degree (two counts), and assault in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Honorof, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Joseph F. Kilada, Garden City, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley, Andre K. Cizmarik, and Paul E. Dans of counsel), for respondent.

Before: Rivera, J.P., Miller, Dickerson and Roman, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the police did not have probable cause to stop his car is unpreserved for appellate review, as the defendant did not raise this claim at the suppression hearing ( see People v McNair, 45 AD3d 872; People v Rogers, 34 AD3d 504). In any event, the stop of the defendant's vehicle was lawful. "`[A]s a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred'" ( People v Sluszka, 15 AD3d 421, 423, quoting People v Robinson, 97 NY2d 341, 348-349). The police officer's testimony established that he had probable cause to stop the defendant after he observed the defendant driving through a red light ( see Vehicle and Traffic Law § 1111).


Summaries of

People v. Boyd

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 2009
68 A.D.3d 889 (N.Y. App. Div. 2009)
Case details for

People v. Boyd

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHEKE BOYD, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 8, 2009

Citations

68 A.D.3d 889 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 9244
889 N.Y.S.2d 490

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