What is the basis for a stop by a police officer in a motor vehicle stop?

The observations of the vehicle did not provide the officer with reasonable suspicion to believe that the defendant was operating the vehicle while under the influence of alcohol. From three hundred feet away and with another auto between himself and the defendant's vehicle, the officer observed the defendant swerve within his own lane and cross the fog line once over a period of several seconds. These observations are easily subject to innocent explanation and do not provide probable cause or reasonable suspicion justifying the stop. While it cannot be said that minor swerving within a lane or fog line encroachment could never justify an automobile stop, see People v. Davis, 58 A.D.3d 896, 898, 870 N.Y.S.2d 602 (3d Dept., 2009), I find that under the facts presented here the officer lacked a lawful basis to support the stop. See also ,

[85 N.Y.S.3d 737]