Opinion
July 22, 1996
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the judgment is affirmed.
The defendant contends that State Troopers, in uniform and in a marked police vehicle, lacked reasonable suspicion when they stopped the vehicle he was driving. However, it is unnecessary for us to resolve this issue. The conduct of the occupants of the vehicle was not the direct result of any unlawful police activity, but was the result of an independent act ( see, People v. Boodle, 47 N.Y.2d 398; People v. Townes, 41 N.Y.2d 97). As the Troopers approached, one of the occupants of the vehicle reached for a shotgun, turned and pointed the muzzle of the shotgun at one of the Troopers, and yelled "go, go, go" to the defendant, who was the driver. This conduct established probable cause for the arrest of the occupants of the vehicle ( see, People v. De Bour, 40 N.Y.2d 210). Therefore, any possible taint of the prior police conduct was dissipated ( see, People v. Mercado, 229 A.D.2d 550; People ex rel. Gonzalez v. Warden, 79 N.Y.2d 892; People v Cameron, 209 A.D.2d 159; People v. Manning, 199 A.D.2d 621; People v. Wider, 172 A.D.2d 573).
By pleading guilty, the defendant effectively waived appellate review of any alleged Rosario violations ( see, People v Agyman, 204 A.D.2d 731). Balletta, J.P., Sullivan, Santucci and Altman, JJ., concur.