Opinion
01-00289
Argued May 9, 2002
June 3, 2002
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered January 3, 2001, convicting him of criminal possession of a weapon in the third degree (two counts) and reckless endangerment in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Spires, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Scott Brettschneider, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Donna Aldea of counsel; Douglas P. Duzant on the brief), for respondent.
SANDRA J. FEUERSTEIN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
Under the totality of the circumstances, the stop and frisk of the defendant was proper (see Vehicle and Traffic Law § 1120; People v. Robinson, 97 N.Y.2d 341; People v. Carvey, 89 N.Y.2d 707, 709; People v. Siler, 288 A.D.2d 625, lv denied 97 N.Y.2d 709; People v. Gooden, 111 A.D.2d 871).
FEUERSTEIN, J.P., GOLDSTEIN, McGINITY and CRANE, JJ., concur.