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People v. Britz

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 428 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Supreme Court, Kings County (Friedman, J.).


Ordered that the judgment is affirmed.

We reject the defendant's contention that the evidence recovered from the vehicle that he was operating should have been suppressed on the basis that the police stop of the vehicle was a pretext. The officers properly stopped the defendant's vehicle upon observing him drive through a red light (see, People v. Ellis, 62 N.Y.2d 393; People v. Batista, 88 N.Y.2d 650; People v Ardila, 159 A.D.2d 710). Furthermore, in response to the police lights and siren, the defendant drove through another red light and traveled at an excessive rate of speed over snow-covered roads before crashing. Once stopped, he refused to exit the car as directed by the officers, and struggled with them before being handcuffed. In addition, the steering column of the vehicle had been broken into, exposing the mechanism of the car. Under these circumstances, the officers not only had probable cause to arrest the defendant but also to search the vehicle, including the bag on the front passenger seat (see, People v Yancy, 86 N.Y.2d 239, 245; People v. Quezada, 177 A.D.2d 660; People v. Peterson, 173 A.D.2d 574).

Mangano, P.J., Rosenblatt, Santucci and Joy, JJ., concur.


Summaries of

People v. Britz

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 428 (N.Y. App. Div. 1997)
Case details for

People v. Britz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KURT BRITZ, Appellant

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

Date published: May 5, 1997

Citations

239 A.D.2d 428 (N.Y. App. Div. 1997)
658 N.Y.S.2d 335

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