Opinion
May 7, 1999
Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Criminal Possession Weapon, 3rd Degree.
Present — Lawton, J. P., Hayes, Wisner, Hurlbutt and Scudder, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of criminal possession of a weapon in the third degree (Penal Law § 265.02) and harassment in the second degree (Penal Law § 240.26). Supreme Court properly denied defendant's motion to suppress the gun. The victim advised the police that she had been assaulted by defendant and that defendant had a gun, and when the police approached defendant he led them on a car chase. "The eyewitness victim of a crime can provide probable cause for the arrest of the perpetrator" ( People v. Starr, 221 A.D.2d 488, 489, lv denied 87 N.Y.2d 1025). After validly placing defendant under arrest and not finding the gun on his person, the police had probable cause to search the car without a warrant pursuant to the automobile exception ( see, People v. Belton, 55 N.Y.2d 49, 53-55, rearg denied 56 N.Y.2d 646). Any potential prejudice to defendant arising from testimony that the gun was stolen was alleviated by the court's limiting instructions ( see, People v. Williams, 240 A.D.2d 347, lv denied 90 N.Y.2d 944). We reject the contention of defendant that he was denied effective assistance of counsel. Upon our review of the record, we conclude that defendant received meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147). We also reject defendant's contention that the court's Sandoval ruling constituted an abuse of discretion ( see, People v. Gray, 84 N.Y.2d 709, 712). Defendant's contentions concerning alleged police perjury and the failure of the court to give a circumstantial evidence instruction are not preserved for our review ( see, CPL 470.05), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). We have examined defendant's remaining contentions and conclude that they are without merit.