PEOPLE v. MOBLEY


48 A.D.3d 374 (2008)

853 N.Y.S.2d 31

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DONALD MOBLEY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 28, 2008.


The record supports the court's suppression ruling (16 Misc.3d 1106[A], 2007 NY Slip Op 51315[U] [2007]). There was no objective, credible reason for the police to approach defendant's car to request information, since there was nothing suspicious about the presence of defendant and a female passenger in a legally parked car. Although the neighborhood was a high-crime area known for narcotics activity and prostitution, there was no sign of sexual or drug-related conduct....

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