Opinion
May 21, 1998
Appeal from the County Court of Chemung County (Castellino, J.)
The sole contention raised by defendant on this appeal is that County Court erred in denying his motion to suppress evidence obtained as the result of an allegedly impermissible stop of his vehicle. We disagree. State Trooper Michael Friebis testified at the Huntley hearing ( see, People v. Huntley, 15 N.Y.2d 72) that on July 30, 1995, at approximately 10:50 P.M., he stopped defendant after observing, in his rearview mirror, defendants vehicle straddling the double-yellow line of State Route 223 in the Town of Horseheads, Chemung County, for approximately three seconds in violation of Vehicle and Traffic Law § 1128 Veh. Traf. (a). This testimony, credited by County Court, provided an adequate basis for its determination that Friebis reasonably suspected that defendant violated Vehicle and Traffic Law § 1128 Veh. Traf. (a), a permissible basis for the stop of defendants vehicle ( see, People v. Lamb, 235 A.D.2d 829, 830).
Mikoll, J.P., White, Spain and Carpinello, JJ., concur.
Ordered that the judgment is affirmed.