PEOPLE v. YATES (2004)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Rashan YATES, Appellant.

Decided: June 24, 2004

Proskauer Rose LLP, New York City (Jeremy R. Feinberg of counsel), for appellant. Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed. The arresting officer testified that he believed that defendant, the sole passenger in a lawfully stopped taxi, was attempting to exit the vehicle too quickly to have paid his fare, in violation of Penal Law § 165.15. Under these circumstances he properly detained defendant temporarily for the limited purpose of ascertaining from the driver whether defendant had in fact paid his fare. We need not now resolve the broader issue whether a police officer may, as a matter of course, compel a passenger to remain inside a lawfully stopped vehicle (see People v. McLaurin, 70 N.Y.2d 779, 781, 521 N.Y.S.2d 218 [1987] ).

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, in a memorandum.

MEMORANDUM.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur. Chief Judge KAYE taking no part.

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