Opinion
November 9, 1995
Appeal from the Supreme Court, Bronx County, Gerald Sheindlin, J., Alexander Hunter, J.
Defendant's motion to suppress was properly denied. The initial stop was validly based on a traffic infraction ( People v Ellis, 62 N.Y.2d 393, 396). When defendant failed to produce a driver's license and registration for the vehicle he was driving and gave various conflicting responses as to ownership, the officer then had a reasonable suspicion that the vehicle might be stolen. This justified opening the driver's door to observe whether there were keys in the ignition. ( See, People v David L., 56 N.Y.2d 698 [ revg on dissenting mem 81 A.D.2d 893, 895-896], cert denied 459 U.S. 866; People v Harris, 160 A.D.2d 515, 517, lv denied 76 N.Y.2d 789.) Since it was proper for the officer to look into the vehicle, the gun seen in plain view was lawfully seized.
Concur — Rosenberger, J.P., Rubin, Kupferman and Williams, JJ.