In People v. Robinson, 309 A.D.2d 1228, 1228, 764 N.Y.S.2d 757, 2003 N.Y. Slip Op. 17138 (4th Dept. 2003), the Court affirmed the D.W.I. conviction of the defendant after a deputy sheriff observed his vehicle, at 2:50 a.m., drive onto a road which was accessible to only three businesses which were closed, park, and turn of its lights.
In affirming the conviction, the Court rejected the defendant's contention that the deputy sheriff had to have had a "reasonable suspicion" to approach the defendant's vehicle since the defendant's vehicle had already stopped.
The Court reasoned that given the early morning hours and the fact that the businesses were closed, the deputy sheriff had an objective, credible reasonable to approach the defendant's parked vehicle, irrespective of whether any criminality was afoot.