| People v Guzman |
| 2010 NY Slip Op 08630 [78 AD3d 568] |
| November 23, 2010 |
| Appellate Division, First Department |
| The People of the State of New York, Appellant, v ArcadioGuzman, Respondent. |
—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Lily Goetz of counsel), forrespondent.
Order, Supreme Court, Bronx County (Richard L. Price, J.), entered on or about May 13, 2009,which granted defendant's suppression motion, unanimously reversed, on the law and the facts, and themotion denied.
Contrary to the hearing court's determination, the record establishes that the arresting officer, basedon her direct observations, reasonably concluded that defendant's car was double-parked, warrantingthe immediate stop of the car for that infraction (see Whren v United States, 517 US 806[1996]; People v Robinson, 97 NY2d 341 [2001] [traffic stop comports with StateConstitution where officer has probable cause to believe motorist has committed a traffic violation, evenif officer's primary motivation is to conduct another investigation]). The fact that defendant was seatedbehind the wheel of a double-parked vehicle was a sufficient predicate to justify the officer's approach,and the ensuing events, namely, that defendant suddenly drove forward 20 to 25 feet, only providedgreater cause. Since the initial stop was proper, defendant was not entitled to suppression of theevidence obtained as a result of the stop. Concur—Andrias, J.P., Friedman, Richter andManzanet-Daniels, JJ.