Opinion
May 7, 1996
Appeal from the Supreme Court, New York County (Edward Sheridan, J.).
The hearing court properly denied defendant's motion to suppress the loaded gun observed by the police in plain view lying partially under the front seat of the livery cab. The officer's ordering defendant out of the car and reaching into the car to recover the gun, which came into plain view as defendant exited the car, were justified by the recovery moments earlier of a different weapon from another passenger ( see, People v Alston, 195 A.D.2d 396).
Concur — Sullivan, J.P., Milonas, Rosenberger, Kupferman and Mazzarelli, JJ.