People v. Bute
Opinion of the Court
Appeal by the People from an order of the Supreme Court, Kings County (Heller, J.), dated December 19, 1989, which, after a hearing, granted those branches of defendants’ omnibus motions which were to suppress tangible evidence.
Ordered that the order is reversed, on the law, those branches of the defendants’ respective motions which were to suppress tangible evidence are denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.
The Supreme Court suppressed the handgun and the stun gun, apparently on the theory that there had been an unnecessary unjustified intrusion into the vehicle (see, People v Torres, 74 NY2d 224; see also, People v Pena, 155 AD2d 310).
The stop of the defendants’ vehicle was lawful only if grounded on a "reasonable suspicion” that at least one of its occupants had engaged, was engaging, or was about to engage in criminal activity (see, CPL 140.50 [1]; cf., People v Sobotker, 43 NY2d 559; People v Brown, 112 AD2d 945; People v Bloise, 150 AD2d 382). The anonymous tip of shots fired and the on-the-scene conversations with observers indicating that occupants of a described vehicle heading in a particular direction were responsible for the firing of shots, together with the timing and location of the investigative stop, provided a proper basis for that stop (see, People v Singleton, 41 NY2d 402; People v Bloise, supra; see also, People v Brown, supra; cf., People v Pena, supra). Moreover, the minimal intrusion of shining a flashlight into the vehicle to illuminate what was otherwise in plain view was not an unreasonable one (see, People v Cruz, 34 NY2d 362, amended on other grounds 35 NY2d 708; People v Smith, 157 AD2d 870; cf., People v Singleton, supra). Since what was in plain view justified subsequent police action, including the arrest for illegal possession of the retrieved handgun (cf., People v Singleton, supra; People v Smith, supra; People v Bloise, supra) and the inventory search of the Volvo (see, People v Gonzalez, 62 NY2d 386; People v Butler, 44 AD2d 423, affd 36 NY2d 990), the tangible evidence
Case-law data current through December 31, 2025. Source: CourtListener bulk data.