Opinion
April 19, 1990
Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).
Based upon his extensive experience involving several hundred narcotics arrests and his observations of defendant, the arresting officer reasonably suspected that the duffle bag defendant put in the trunk of the car he was driving contained narcotics. The brief and cautionary police action of directing defendant to turn off the car ignition and step out of the vehicle when it was stopped at a red light was reasonable and constitutional under the circumstances (People v. Robinson, 74 N.Y.2d 773). Further, we agree with the hearing court's conclusion that defendant's consent to the search of the trunk and duffle bag therein was not coerced but was voluntary (see, People v Gonzalez, 39 N.Y.2d 122; People v. Zimmerman, 101 A.D.2d 294). Defendant was not in custody, the investigating officers had not drawn their weapons, and the encounter took place during daylight hours on a Manhattan public street.
Concur — Kupferman, J.P., Ross, Rosenberger and Wallach, JJ.