| People v Miles |
| 2011 NY Slip Op 02035 [82 AD3d 1010] |
| March 15, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Appellant, v JamesMiles, Respondent. |
—[*1] Marianne Karas, Armonk, N.Y., for respondent.
Appeal by the People from so much of an order of the Supreme Court, Nassau County(Robbins, J.), entered May 20, 2010, as, upon reargument of that branch of the defendant'somnibus motion which was to suppress statements to law enforcement officials and physicalevidence, adhered to the original determination in an order dated April 20, 2010, granting thatbranch of the motion.
Ordered that the order entered May 20, 2010, is affirmed insofar as appealed from.
The Supreme Court properly determined that the arresting officers lacked an objective,credible reason for approaching the stopped car in which the defendant was a passenger,identifying themselves as police officers, and shining at least one flashlight into the car (seePeople v Ocasio, 85 NY2d 982, 984 [1995]; see also People v McIntosh, 96 NY2d521, 525 [2001]; People v Hollman, 79 NY2d 181, 194 [1992]). The officer who testifiedat the suppression hearing failed to articulate any reason for approaching the vehicle other thanthe car was parked outside a bar in an area where there had been "community complaints" ofgang and drug activity, which, standing alone, did not constitute a sufficient basis for the officerto approach the vehicle and request information (see People v McIntosh, 96 NY2d at526; cf. People v Reyes, 83 NY2d 945, 946 [1994], cert denied 513 US 991[1994]). Accordingly, the physical evidence seized and the statements made by the defendantwere properly suppressed, and upon reargument, the Supreme Court properly adhered to itsoriginal determination. Rivera, J.P., Dickerson, Eng and Lott, JJ., concur.