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PEOPLE v. HINSHAW

No. 46.

35 N.Y.3d 427 (2020)

156 N.E.3d 812

132 N.Y.S.3d 90

2020 NY Slip Op 04816

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT HINSHAW, Appellant.

Court of Appeals of New York.

Decided September 1, 2020.

Attorney(s) appearing for the Case

Mack & Associates, PLLC, Albany (Lucas G. Mihuta of counsel), for appellant.

John J. Flynn, District Attorney, Buffalo (Ashley R. Lowry and Donna A. Milling of counsel), for respondent.

OPINION OF THE COURT

Because the State Trooper lacked an objectively reasonable suspicion that a crime had occurred or probable cause to stop Mr. Hinshaw's vehicle for a traffic infraction, we conclude the automobile stop was unlawful.

On the afternoon of November 8,...

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