New York Court of Appeals, 1976

People v. Simone

People v. Simone
New York Court of Appeals · Decided May 6, 1976
39 N.Y.2d 818; 351 N.E.2d 432; 385 N.Y.S.2d 765; 1976 N.Y. LEXIS 2761

People v. Simone

Opinion of the Court

Memorandum. 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).

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

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

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.