The People of the State of New York, Respondent, v. Michael Adams, Defendant-Appellant. (2026)

Per Curiam.

Judgment of conviction (James G. Clynes, J., on suppression motion; Eileen Koretz, J.H.O., at plea and sentencing), rendered January 22, 2019, held in abeyance, and the matter remitted to Criminal Court for a hearing on defendant's motion to suppress evidence.

Defendant was charged with aggravated unlicensed operation of a motor vehicle in the second and third degree (see Vehicle and Traffic Law §§ 511 [2] [a] [iv], 511 [1] [a]) and unlicensed driving (see Vehicle and Traffic Law § 509 [1]), after he was observed operating a motor vehicle on a public highway and a computer check of records from the New York State Department of Motor Vehicles [DMV] indicated that his license was suspended three or more times on three separate dates for failure to answer a summons.

In his omnibus motion, defendant moved to suppress all tangible or testimonial fruits of his alleged illegal search and seizure, including "observations of [his] post-seizure conduct." Insofar as relevant, the court denied the motion without a hearing, holding that "[g]iven that there is no indication of police observations of incriminating conduct that is unrelated to the allegation that the defendant drove while his license was suspended, the defendant is essentially seeking to suppress his identity and DMV records."

While Criminal Court correctly determined that defendant's identity and DMV records are not suppressible fruits of an illegal seizure (see People v Tolentino, 14 NY3d 382, 385 [2010], cert dismissed 563 US 123 [2011]), "the court did not opine on defendant's argument seeking suppression of incriminating post-stop observations . . . [n]or the legality of the vehicle stop or explain what role, if any, the legality of the stop played in its suppression determination" (People v Ehinmiakhena, -- NY3d --, 2026 NY Slip Op 02363 [2026]). In the circumstances, we hold the appeal in abeyance and remit the matter to Criminal Court for a suppression hearing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: October 7, 2026