Opinion
March 17, 1995
Appeal from the Niagara County Court, Hannigan, J.
Present — Pine, J.P., Lawton, Wesley, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Defendant had been stopped for traffic violations when the arresting officer learned that a vehicle identical to defendant's had just been involved in a drive-by shooting about two blocks away. Defendant and the three passengers were removed from the vehicle, handcuffed, and placed in police vehicles. The police seized a gun found beneath the passenger seat. Defendant contends that the search was improper because it was not reasonably related to the need to protect officer safety, relying on People v. Stewart ( 199 A.D.2d 1043, lv denied 83 N.Y.2d 810) and People v. Mullins ( 196 A.D.2d 894). The People contend that the search was proper pursuant to a lawful arrest for the drive-by shooting, relying on People v Belton ( 55 N.Y.2d 49, 55, rearg denied 56 N.Y.2d 646) and People v. Acevedo ( 167 A.D.2d 891, lv denied 77 N.Y.2d 875). The record supports the People's contention.
We further conclude that the subsequent inventory search of the vehicle was justified (see, People v. Scott, 210 A.D.2d 920) and that the inventory search was conducted pursuant to standardized procedure (cf., People v. Acevedo-Sanchez, 212 A.D.2d 1023).