Court of Appeals of New York

The Appellate Division's reversal of defendant's conviction for possession of an air pistol recovered during a traffic stop, is affirmed where: 1) a police officer may not, without founded suspicion for the inquiry, ask the occupants of a lawfully stopped vehicle if they possess any weapons; and 2) the graduated framework set forth in People v. De Bour and People v. Hollman for evaluating the constitutionality of police initiated encounters with private citizens applies with equal force to traffic stops.

Appellate Information

• Decided 12/18/2012
• Published 12/18/2012

Judges

• Ciparick

Court

• Court of Appeals of New York

Counsel