In People v Gayle , the Queens County Criminal Court convicted Rudolph Gayle of criminal possession of a weapon in the fourth degree.
On appeal to the Appellate Term, Second Department, Gayle challenged the Criminal Court's denial of his motion to suppress the introduction of a knife which had been found after Gayle was stopped by police.
Gayle argued that, because the unsignaled lane changes for which he was stopped were not violative of law, the officers lacked "probable cause" -- or a legal basis -- for their conduct.
By failing to raise that specific issue below, the AT2 was of the opinion that Gayle had not preserved the argument for appellate review. Despite that error, the AT2 explained that signalless lane-changing violated Vehicle and Traffic Law § 1163 and thus justified the officers' conduct.
If nothing else, the AT2 was sending a very clear signal to Gayle.
To download a copy of the Appellate Term's decision, please use this link: People v Gayle