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39 N.Y.2d 818

People v. Simone

New York Court of Appeals

Decided May 6, 1976

New York Court of Appeals · decided 1976-05-06

Decided 1976-05-06

¶1Memorandum. Since the record discloses no more than "mere whim, caprice, or idle curiosity” for the stop of defendant’s automobile, the physical evidence seized as a result thereof should have been suppressed (People v Ingle, 36 NY2d 413, 420).

¶2Accordingly, the order of the Appellate Division should be reversed, the plea vacated, and the indictment dismissed.

¶3Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

¶4Order reversed, etc.

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