New York Court of Appeals

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

November 19, 200299 N.Y.2d 55

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the limited search of the vehicle's backseat was lawful because the officers could reasonably conclude an actual and specific danger to their safety. The Court relied on the state constitutional standards articulated in People v. Torres and People v. Carvey. Justice Ciparick dissented, arguing the record did not support such a finding and would have reversed.