[*1]
| People v Churton |
| 2008 NY Slip Op 50836(U) [19 Misc 3d 1124(A)] |
| Decided on April 24, 2008 |
| Just Ct, Vil. Of Red Hook, Dutchess County |
| Triebwasser, J. |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be
published in the printed Official Reports. |
Just Ct, Vil. of Red Hook, Dutchess County
The People of the State
of New York,
against
Robert Churton, Defendant.
|
07/050035
Jonah Triebwasser, J.
On March 12, 2008, a hearing was held in the Village Court of Red Hook, New York, to
determine if the People had probable cause to stop the Defendant's motor vehicle on May 1,
2007. The People were represented at the probable cause hearing by Senior Assistant District
Attorney Kevin P. Irwin, Esq. The Defendant was represented by Steven K. Patterson, Esq.
The People called Troopers David A. Schmitz and Michael Frontino as witnesses.
The Defendant called no witnesses.
Troopers' Testimony
The sworn,
uncontradicted testimony reveals that the Troopers were traveling south on State Route 9 in the
Village of Red Hook when an unidentified citizen flagged them down and said that an inebriated
driver had left the Red Hook Bar and Grill on South Broadway (Route 9) in the Village of Red
Hook in a Ford. A second unidentified citizen told the Troopers that the Ford had stopped at the
Stewart's convenience store on North Broadway (also Route 9) in the Village of Red Hook.
Based upon this information, the Troopers proceeded to Stewart's where they
observed a Ford matching the description given to them by the two unidentified citizens. They
observed the Defendant exit the store, enter the vehicle, put it into reverse without first putting on
his seat belt, and then move the vehicle under motor power between five and ten feet.
The Troopers stopped the car. They observed the Defendant to be glassy eyed,
speaking with a slur and smelling of alcohol.
Defendant's position is that the Troopers did not have probable cause to proceed to
Stewart's because they did not determine the reliability of the two unidentified citizens.
Therefore, all else that transpired from that initial tip to go to Stewart's was tainted and the stop
at Stewart's and subsequent discovery of Defendant's alleged intoxication is fruit of the
poisonous tree (See Wong Sun v. United [*2]States, 371
U.S. 471 [1963].) Defense counsel was going to provide the Court with a brief (due March 26,
2008) with case law that would support this position. No such brief was ever received by the
Court.
Ruling of the Court
From time immemorial, citizens stout and true have flagged down law enforcement
personnel (whether the officer of the law was on horseback or in a sleek cruiser) and said
"Sheriff, he went that-a-way." The Troopers were well within their prerogative to leave the
vicinity of the two unidentified citizens and proceed quickly to Stewart's in the hope of stopping
an allegedly drunk driver from further endangering others on the road (See People
v. Wright, 98 NY2d 657 [2002] among others.)
It is the ruling of this court that the Troopers not stopping to take identifying
information from the citizen informants, given the exigencies of the situation, was not improper
and does not adversely effect the probable cause to stop the Defendant as discussed below.
Having determined that proceeding to Stewart's was proper and lawful, the Court
further rules that once the Troopers observed the Defendant operating a motor vehicle without
wearing a seat belt in violation of Section 1229(c)(3) of the Vehicle and Traffic Law of the State
of New York, they clearly had probable cause to stop Defendant's vehicle and observe his
condition. (See People v. Noonan, 220 AD2d 811 [1995] among others.)
For these reasons, the Court finds that the People did have probable cause to stop the
Defendant's motor vehicle on May 1, 2007. The Court declines to dismiss these proceedings and
will permit the Troopers to testify as to the facts and circumstances of what transpired at
Stewart's in the case in chief.
Counsel are directed to appear before the Court on Wednesday, May 21, 2008, at
4:00 p.m. with their calendars to pick a date for trial.
This decision also constitutes the order of this Court.
Dated:April 24, 2008
Red Hook, New York
SO ORDERED.
_________________________________________
Jonah Triebwasser,
Justice, Village of Red Hook