Opinion
December 20, 1993
Appeal from the Supreme Court, Queens County (Flug, J.).
Ordered that the judgment is affirmed.
We find unpersuasive the defendant's contention that the hearing court erred in denying the suppression of a gun as the fruit of an unlawful stop. The hearing record demonstrates that the police had reasonable suspicion to stop the vehicle in which the defendant was a passenger on the basis of a radio run, as well as the attendant circumstances observed by the officers (see, People v Benjamin, 51 N.Y.2d 267; People v Mills, 198 A.D.2d 236; People v Quinonez, 186 A.D.2d 414; People v Mitchell, 143 A.D.2d 947). Since the stop was lawful, the seizure of the gun, which was observed by the officers in plain view, was also lawful (see, People v Mitchell, supra, at 948).
We find that the defendant's remaining contention contesting the reliability of the radio report (see, People v Lypka, 36 N.Y.2d 210), while preserved for appellate review (see, People v Landy, 59 N.Y.2d 369; People v McCloud, 182 A.D.2d 835), is without merit (see, People v Landy, supra; People v Christian, 118 A.D.2d 793). Copertino, J.P., Pizzuto, Santucci and Joy, JJ., concur.