From Casetext: Smarter Legal Research

People v. Simone

Court of Appeals of the State of New York
May 6, 1976
39 N.Y.2d 818 (N.Y. 1976)

Opinion

Argued April 1, 1976

Decided May 6, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, OLIVER C. SUTTON, J.

David J. Gottlieb and William E. Hellerstein for appellant. 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 N.Y.2d 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.


Summaries of

People v. Simone

Court of Appeals of the State of New York
May 6, 1976
39 N.Y.2d 818 (N.Y. 1976)
Case details for

People v. Simone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK SIMONE, Also…

Court:Court of Appeals of the State of New York

Date published: May 6, 1976

Citations

39 N.Y.2d 818 (N.Y. 1976)
385 N.Y.S.2d 765
351 N.E.2d 432

Citing Cases

People v. Almestica

Judgment, Supreme Court, Bronx County, rendered April 10, 1975, convicting defendant, after a nonjury trial,…

People v. Sobotker

For the "common-law power to inquire does not include the right to unlawfully seize" (People v Cantor, 36…