Appellate Division of the Supreme Court of New York, 2001

People v. LaFountain

Appellate Division of the Supreme Court of New York · Decided May 2, 2001

283 A.D.2d 1013; 725 N.Y.S.2d 249; 2001 N.Y. App. Div. LEXIS 4643

Cases that cite this one

4 later published cases cite this decision.

People v. Stahl (Appellate Division of the Supreme Court of New York 2018)
GAVENDA, JR., DONALD W., PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
People v. Gavenda (Appellate Division of the Supreme Court of New York 2011)
People v. Dongarra (New York County Courts 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: County Court properly determined that the roadblock conducted by the State Police to detect persons who were driving while intoxicated was a permissible seizure within the meaning of the Fourth Amendment (see generally, People v Scott, 63 NY2d 518). Contrary to the contention of defendant, his vehicle was stopped “pursuant to a nonarbitrary, nondiscriminatory and uniform procedure, involving the stop of all vehicles” approaching the roadblock *1014(People v John BB., 56 NY2d 482, 488, cert denied 459 US 1010). The Troopers were given explicit verbal instructions on the procedures to be used at the roadblock, including the nature of the questions to be asked of every motorist. Those instructions “afforded little discretion to operating personnel” (People v Scott, supra, at 526). (Appeal from Judgment of Wayne County Court, Sirkin, J. — Felony Driving While Intoxicated.) Present — Pine, J. P., Hayes, Wisner, Kehoe and Burns, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.