People v McGuire

Holding The court held that the defendant’s motion papers raised a specific challenge to the reliability of the DMV database information, thereby shifting the burden to the People to prove the reliability of that information. Because the People failed to meet this burden, the physical evidence obtained from the traffic stop was suppressed and the indictment was dismissed.

The court’s words

there is a question of fact as to the suspension of [d]efendant's license and the timing of the stop

2026 NY Slip Op 04597, at the official text

the presumption of probable cause that originally cloaked that action disappears from the case

2026 NY Slip Op 04597, at the official text

bare reliance on an unsubstantiated hearsay communication from the instigating officer or department will not suffice for probable cause

2026 NY Slip Op 04597, at the official text

the People must demonstrate that the sender or sending agency itself possessed the requisite probable cause to act

2026 NY Slip Op 04597, at the official text

defendant could not be required to allege facts about which he had no knowledge

2026 NY Slip Op 04597, at the official text

the absence of any factual allegations [by defendant] with respect to [the DMV information] conveyed to the arresting officer cannot be held against defendant

2026 NY Slip Op 04597, at the official text