PEOPLE v. GRADY (2000)

 In this narcotics prosecution, the People appeal from an order of County Court granting defendants' motion for suppression of the drugs as seized in violation of the Fourth Amendment.   The motion to suppress should have been denied.   The approach of occupants of a stopped or parked vehicle to request information is analyzed under the first tier of the De Bour hierarchy (see, People v. De Bour, 40 N.Y.2d 210, 222-223, 386 N.Y.S.2d 375, 352 N.E.2d 562) and need only be justified by an “articulable basis”, meaning an “objective, credible reason not necessarily indicative of criminality” (People v. Ocasio, 85 N.Y.2d 982, 985, 629 N.Y.S.2d 161, 652 N.E.2d 907;  see, People v. Harrison, 57 N.Y.2d 470, 475, 457 N.Y.S.2d 199, 443 N.E.2d 447;  see also, People v. Hollman, 79 N.Y.2d 181, 184, 581 N.Y.S.2d 619, 590 N.E.2d 204;  People v. De Bour, supra, at 213, 223, 386 N.Y.S.2d 375, 352 N.E.2d 562).   All that is required is that the intrusion be “predicated on more than a hunch, whim, caprice or idle curiosity” (People v. Ocasio, supra, at 985, 629 N.Y.S.2d 161, 652 N.E.2d 907, citing People v. De Bour, supra, at 217, 386 N.Y.S.2d 375, 352 N.E.2d 562).   Here, one of the officers previously had arrested defendant Johnny Gray and recalled that Gray's license had been revoked.   The officers saw Gray sitting in the driver's seat of the parked but running vehicle and thus had an objective, credible reason for approaching defendants to request information (see, People v. Ocasio, supra, at 985, 629 N.Y.S.2d 161, 652 N.E.2d 907;  People v. Irizarry, 79 N.Y.2d 890, 892, 581 N.Y.S.2d 649, 590 N.E.2d 234;  People v. Harrison, supra, at 475, 457 N.Y.S.2d 199, 443 N.E.2d 447).   Only seconds into the encounter, the officers acquired probable cause to arrest defendants based upon one officer's observation of bags of cocaine in plain view on the floor of the vehicle (see, People v. Blasich, 73 N.Y.2d 673, 677, 543 N.Y.S.2d 40, 541 N.E.2d 40;  People v. Langen, 60 N.Y.2d 170, 180, 469 N.Y.S.2d 44, 456 N.E.2d 1167, cert. denied 465 U.S. 1028, 104 S.Ct. 1287, 79 L.Ed.2d 690;  People v. Landy, 59 N.Y.2d 369, 376-377, 465 N.Y.S.2d 857, 452 N.E.2d 1185).

Order unanimously reversed on the law, motion denied and matter remitted to Monroe County Court for further proceedings on the indictment.

MEMORANDUM: