Opinion
7158 Ind. 2718/15
09-27-2018
The PEOPLE of the State of New York, Respondent, v. Keith CHAPMAN, Defendant–Appellant.
Marianne Karas, Thornwood, for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.
Marianne Karas, Thornwood, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.
Renwick, J.P., Gische, Mazzarelli, Kern, Moulton, JJ.
Judgment, Supreme Court, New York County (Edwina G. Mendelson, J.), rendered June 24, 2016, as amended September 1, 2016, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of four years, unanimously affirmed.
The court properly denied defendant's suppression motion. The odor of marijuana emanating from a lawfully stopped car gave the police probable cause to search the car and its occupants (see e.g. People v. Smith, 66 A.D.3d 514, 887 N.Y.S.2d 562 [1st Dept. 2009], lv denied 13 N.Y.3d 942, 895 N.Y.S.2d 332, 922 N.E.2d 921 [2010] ). In any event, the police were justified in conducting a protective frisk based on defendant's pattern of behavior, including furtive movements, failure to comply with instructions to keep his hands on his lap, and indications of an attempt to hide something (see e.g. People v. Alejandro, 142 A.D.3d 876, 38 N.Y.S.3d 146 [1st Dept. 2016], lv denied 28 N.Y.3d 1070, 47 N.Y.S.3d 229, 69 N.E.3d 1025 [2016] ).