Opinion
April 19, 1993
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
There is no merit to the defendant's contention that the court should have suppressed physical evidence seized from his car. Where the police observed the defendant's vehicle speed away from an intersection and begin to drag race with another vehicle, the stop of the defendant's vehicle was valid (see, People v Ellis, 62 N.Y.2d 393). Once the officer observed bullets in the back seat of the car, he had probable cause to believe a gun was inside the car, and thus the search of the passenger compartment and the glove compartment was proper (see, People v Davis, 182 A.D.2d 770).
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt.
We find the sentence imposed by the trial court to be fully supported by the record (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Bracken, Sullivan and Lawrence, JJ., concur.