Opinion
2000-06878
Argued June 7, 2002
July 15, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered July 10, 2000, convicting him of grand larceny in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Lynn W. L. Fahey, New York, N.Y. (Jennifer K. Danburg of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Benjamin Schneider of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion which was to suppress physical evidence. The arresting officers received two radio transmissions from fellow officers reporting that a shooting had taken place, and describing the perpetrators, their vehicle, and their direction of travel. Approximately 10 minutes after receiving the first report, the arresting officers observed the defendant and another man, who matched the description of the perpetrators, exiting a vehicle which also matched the description of the perpetrators' vehicle. Under these circumstances, the arresting officers had reasonable suspicion to forcibly stop and detain the defendant as he exited the vehicle (see People v. Allen, 73 N.Y.2d 378; People v. Devorce, 293 A.D.2d 550 [2d Dept, Apr. 8, 2002]; People v. Melvin, 292 A.D.2d 544; People v. McFadden, 244 A.D.2d 887, lv denied 97 N.Y.2d 757; People v. Bedoya, 190 A.D.2d 812; cf. Florida v. J.L., 529 U.S. 266). Furthermore, probable cause for the defendant's arrest was provided by the officers' plain view observation of a handgun protruding from underneath the front passenger seat of the vehicle (see People v. McKane, 267 A.D.2d 253; People v. Mendez, 264 A.D.2d 785).
The defendant's argument that the Supreme Court did not comply with the procedural requirements of Penal Law § 70.10 and CPL 400.20 in adjudicating him a persistent felony offender is unpreserved for appellate review (see People v. Banks, 265 A.D.2d 163; People v. Proctor, 176 A.D.2d 765, affd 79 N.Y.2d 992; People v. Martin, 167 A.D.2d 428; People v. Sullivan, 153 A.D.2d 223), and, in any event, without merit (see People v. Banks, supra; People v. Martin, supra; People v. Froats, 163 A.D.2d 906).
The defendant's remaining contentions are without merit.
O'BRIEN, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.