Kramer Levin Pro Bono Client Prevails in the New York Court of Appeals

On December 18, 2012, by a 5-1 vote, the New York Court of Appeals affirmed the determination last year by a panel of the Appellate Division, First Department that the physical evidence supporting the conviction of our pro bono client Miguel Garcia was obtained through improper questioning by police officers at a traffic stop. Judge Carmen Beauchamp Ciparick, writing for the majority, re-affirmed the multi-tier approach to police-public interactions that the Court first announced in People v. DeBour, 40 N.Y.2d 210 (1976), and held that the DeBour framework applies at traffic stops as well as encounters with pedestrians. Judge Robert S. Smith dissented from the Court’s holding. The majority and dissenting opinions are available online at http://www.nycourts.gov/ctapps/Decisions/2012/Dec12/205opn12.pdf.

Kramer Levin associates Matan Koch and Shannon Hedvat took the lead in briefing and arguing this case before the Court of Appeals, with guidance from partner Stephen Sinaiko. The Legal Aid Society was co-counsel.