| People v Wisniewski |
| 2017 NY Slip Op 00844 [147 AD3d 1388] |
| February 3, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Julie R.Wisniewski, Appellant. |
Lipsitz Green Scime Cambria LLP, Buffalo (Erin E. McCampbell of counsel), fordefendant-appellant.
Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered August17, 2015. The judgment convicted defendant, upon a jury verdict, of driving while intoxicated, aclass D felony, and driving while ability impaired.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting her upon a jury verdict of drivingwhile intoxicated (Vehicle and Traffic Law §§ 1192 [2]; 1193 [1] [c] [ii]) anddriving while ability impaired (§ 1192 [1]), defendant contends that County Courterred in denying her motion to suppress evidence arising from the allegedly improper stop of hervehicle. We reject that contention. The police may stop a vehicle "when there exists at least areasonable suspicion that the driver or occupants of the vehicle have committed, are committing,or are about to commit a crime" (Peoplev Robinson, 122 AD3d 1282, 1283 [2014] [internal quotation marks omitted]). Weconclude that the police had reasonable suspicion to stop defendant's vehicle based on thecontents of the 911 call from an identified citizen informant (see People v Argyris, 24 NY3d 1138, 1140-1141 [2014], reargdenied 24 NY3d 1211 [2015], cert denied 577 US &mdash, 136 S Ct 793 [2016]; People v Torres, 125 AD3d 1481,1482 [2015], lv denied 25 NY3d 1172 [2015]; People v Van Every, 1 AD3d 977, 978-979 [2003], lvdenied 1 NY3d 602 [2004]). The evidence in the record establishes that the informationprovided by the identified citizen informant "was reliable under the totality of the circumstances,satisfied the two-pronged Aguilar-Spinelli test for the reliability of hearsay tips in thisparticular context and contained sufficient information about" defendant's commission of thecrime of driving while intoxicated (Argyris, 24 NY3d at 1140-1141; see Torres,125 AD3d at 1482). Present—Whalen, P.J., Centra, Lindley, NeMoyer and Troutman,JJ.