THE PEOPLE &C., RESPONDENT, v. PORTER F. BANKS, APPELLANT.
85 N.Y.2d 558, 650 N.E.2d 833, 626 N.Y.S.2d 986 (1995).
May 4, 1995
3 No. 75 (1995 NY Int. 102)
Decided May 4, 1995
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Michael H. Sussman, for Appellant.
Paul A. Clyne, for Respondent.
LEVINE, J.:
Defendant and codefendant Robert Jones were indicted for criminal
possession of a controlled substance in the first degree arising out
of the seizure of a large quantity of cocaine from an automobile
defendant had rented. At the suppression hearing in the case, Trooper
Cuprill of the State Police, the sole People's witness, testified as
follows. About 1:00 P.M. September 14, 1991, while parked in a marked
patrol car in the median of the Thruway located in the Town of
Bethlehem, Albany County, the trooper observed a northbound blue
Chevrolet pass by at a speed clocked by radar of 54 miles per hour.
Trooper Cuprill observed that the driver was not wearing his seatbelt.
The trooper pursued and stopped the vehicle about two miles beyond the
point of initial observation. Upon pulling off the highway behind the
Chevrolet, Cuprill observed defendant sit up from a reclining position
in the passenger front seat, apparently also not wearing a seatbelt.
Trooper Cuprill asked the driver, co-defendant Jones, to exit the
Chevrolet with his operator's license and vehicle registration and
accompany him to the rear of the vehicle. Jones produced a non-picture
New York operator's license issued to a "Thomas Cooper" (n 1). He
also produced a rental agreement for the Chevrolet naming defendant as
lessee. Cuprill informed Jones that he was stopped for a seatbelt
violation and then asked Jones where he came from and where he was
going. Jones replied that he was returning to Buffalo from New York
City after dropping off his niece at college, in a one-day round trip.
The trooper instructed Jones to return to his vehicle but retained his
license and the rental document.
Trooper Cuprill then instructed defendant to exit from the front
passenger seat and come to the rear of the Chevrolet. Defendant
SNIPPETS:
This opinion is uncorrected and subject to revision before publication in the New York
Michael H. Sussman, for Appellant.
Defendant and codefendant Robert Jones were indicted for criminal possession of a controlled
At the suppression hearing in the case, Trooper Cuprill of the State Police, the sole
September 14, 1991, while parked in a marked patrol car in the median of the Thruway located
Upon pulling off the highway behind the Chevrolet, Cuprill observed defendant sit up from a
Trooper Cuprill asked the driver, co-defendant Jones, to exit the Chevrolet with his
Asked about the origin and destination of their trip, defendant indicated they were enroute
Cuprill handed Jones the two traffic tickets and asked him whether his car contained weapons
It held that the initial stop of the vehicle occupied by defendant was justified by Trooper
The court further held that the inconsistencies in defendant's and Jones' responses to
Finally, Supreme Court upheld the validity of Jones' consent, concluding that Jones had
A traffic stop constitutes a limited seizure of the person of each occupant (People v May, 81
Consequently, the evidence ultimately seized must be suppressed (compare, People v Milaski,
However, once Cuprill's license and stolen vehicle radio check came back negative and he
The illegal detention of defendant and Jones in this case requires suppression of the
Trooper Cuprill readily admitted that he delayed issuing the traffic tickets and returning
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