The People of the State of New York, Respondent v. Jose Mundo, Appellant

Summary

The Court of Appeals affirmed the Appellate Division’s order, holding that the police’s limited search of the vehicle’s backseat was lawful because the officers could reasonably conclude an actual and specific danger to their safety based on the defendant’s furtive movements and evasive conduct. The majority applied the two‑prong test from People v Torres and People v Carvey, finding reasonable suspicion of criminal activity and an articulable threat. Judge Ciparick dissented, arguing that the record did not show a substantial likelihood of a weapon and that the search was unconstitutional. The dissent would have reversed and suppressed the cocaine.