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PEOPLE v. RICHARDSON

Appellate Division of the Supreme Court of New York, First Department.
Dec 9, 2003
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The court correctly denied defendant's suppression motion. The police properly stopped defendant's vehicle because he committed a traffic violation by driving with his headlights off ( see People v. Robinson, 97 N.Y.2d 341), and the ensuing police conduct was entirely lawful. The record does not support defendant's assertion that his traffic violation was the product of police action in creating an allegedly unconstitutional taxi checkpoint. Accordingly, we need not decide the legality of the checkpoint. In any event, were we to reach defendant's challenges to the checkpoint, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.