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People v. Otero

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1998
256 A.D.2d 476 (N.Y. App. Div. 1998)

Opinion

December 16, 1998

Appeal from the Supreme Court, Queens County (Roman, J.).


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 the gun found in the radio area of his dashboard and the evidence recovered from him after his arrest. Although the officers suspected that the car was stolen, their approach to the vehicle, validly based upon a personal observation of a traffic infraction, was no less valid merely because the officers might also have been entertaining more serious suspicions ( see, People v. McCoy, 239 A.D.2d 437, 439, citing Whren v. United States, 517 U.S. 806; see also, People v. Blasich, 73 N.Y.2d 673; People v. Adams, 53 N.Y.2d 1, 10-11; People v. Dougherty, 251 A.D.2d 344; People v. Gelley, 242 A.D.2d 277; People v. Reynolds, 240 A.D.2d 517). Further, the defendant's contention that his constitutional rights were violated when the police officer leaned into the car and shined a flashlight over the dashboard is unpreserved for appellate review ( see, CPL 470.05; People v. Dickens, 88 N.Y.2d 1031).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, are without merit.

Rosenblatt, J. P., Santucci, Friedmann and McGinity, JJ., concur.


Summaries of

People v. Otero

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1998
256 A.D.2d 476 (N.Y. App. Div. 1998)
Case details for

People v. Otero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS OTERO, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 1998

Citations

256 A.D.2d 476 (N.Y. App. Div. 1998)
683 N.Y.S.2d 542