| People v Falquez |
| 2009 NY Slip Op 07655 [66 AD3d 918] |
| October 20, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Appellant, v ManuelFalquez, Respondent. |
—[*1] Pagan & Pagan, Bronx, N.Y. (Ramon A. Pagan of counsel), for respondent.
Appeal by the People from an order of the Supreme Court, Queens County (Aloise, J.), datedNovember 27, 2007, which, after a hearing, granted that branch of the defendant's omnibusmotion which was to suppress physical evidence.
Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motionwhich was to suppress physical evidence is denied, and the matter is remitted to the SupremeCourt, Queens County, for further proceedings on the indictment.
The Supreme Court improperly granted that branch of the defendant's omnibus motion whichwas to suppress physical evidence on the ground that the police officers did not have probablecause to believe that the defendant committed a traffic infraction. "As a general matter, thedecision to stop an automobile is reasonable where the police have probable cause to believe thata traffic violation has occurred," even if the underlying reason for the stop was to investigateanother matter unrelated to the traffic violation (Whren v United States, 517 US 806, 810[1996]; see People v Robinson, 97 NY2d 341, 348-349 [2001]). Here, the decision ofpolice officers to stop the vehicle was justified by their observation that the driver of the vehiclemade a left turn without signaling in violation of Vehicle and Traffic Law § 1163 (b).
The defendant's alternative arguments for affirmance are not reviewable on the People'sappeal (see CPL 470.15 [1]; People v LaFontaine, 92 NY2d 470, 473-475[1998]; People v Goodfriend, 64 NY2d 695, 697-698 [1984]). Skelos, J.P., Santucci,Belen and Hall, JJ., concur.