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

Cases that cite this one

13 later published cases cite this decision.

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

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 September 30, 2026. Source: CourtListener bulk data.