People v Guzman

People v Guzman 2010 NY Slip Op 08630 [78 AD3d 568] November 23, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

The People of the State of New York, Appellant,
v
Arcadio Guzman, Respondent.

—[*1] Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan of counsel), for appellant.

Richard M. Greenberg, Office of the Appellate Defender, New York (Lily Goetz of counsel), for respondent.

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 the motion denied.

Contrary to the hearing court's determination, the record establishes that the arresting officer, based on her direct observations, reasonably concluded that defendant's car was double-parked, warranting the 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 State Constitution where officer has probable cause to believe motorist has committed a traffic violation, even if officer's primary motivation is to conduct another investigation]). The fact that defendant was seated behind 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 provided greater cause. Since the initial stop was proper, defendant was not entitled to suppression of the evidence obtained as a result of the stop. Concur—Andrias, J.P., Friedman, Richter and Manzanet-Daniels, JJ.