People v Rashan Yates

People v Yates 2004 NY Slip Op 05487 [3 NY3d 625] June 24, 2004 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, October 13, 2004

[*1] The People of the State of New York, Respondent,
v
Rashan Yates, Appellant.

Decided June 24, 2004

People v Yates, 307 AD2d 593, affirmed.

APPEARANCES OF COUNSEL

Proskauer Rose LLP, New York City (Jeremy R. Feinberg of counsel), for appellant.

Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. The arresting officer testified that he believed that defendant, the sole passenger in a lawfully stopped taxi, was [*2]attempting to exit the vehicle too quickly to have paid his fare, in violation of Penal Law § 165.15. Under these circumstances he properly detained defendant temporarily for the limited purpose of ascertaining from the driver whether defendant had in fact paid his fare. We need not now resolve the broader issue whether a police officer may, as a matter of course, compel a passenger to remain inside a lawfully stopped vehicle (see People v McLaurin, 70 NY2d 779, 781 [1987]).

Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur; Chief Judge Kaye taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, in a memorandum.