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People v. Robinson
New York Court of Appeals
767 N.E.2d 638 (2001)
New York City police officers observed a livery car speed through a red light. The officers stopped the car, intending to issue the driver a warning. One of the officers noticed the backseat passenger, Frank Robinson (defendant), look back several times. The officers shined their flashlights into the backseat and saw that Robinson wore a bulletproof vest. The officers ordered Robinson to exit the car and discovered a gun on the floor where Robinson had been sitting. The officers arrested Robinson, and the state (plaintiff) charged Robinson with illegal weapon possession and unlawfully wearing a bulletproof vest. Robinson moved to suppress the gun and vest, contending that the traffic stop was pretext to search him as the car’s passenger. The trial court denied the motion. Robinson appealed.
Rule of Law
Holding and Reasoning (Smith, J.)
Dissent (Levine, J.)
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