Opinion
December 16, 1985
Appeal from the Supreme Court, Queens County (Agresta, J.).
Judgment affirmed, and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
The police officers were justified in stopping the car driven by defendant in an erratic manner and up onto the sidewalk (see, People v Ingle, 36 N.Y.2d 413; People v Paone, 103 A.D.2d 1012). Thus, their seizure of a canister commonly used for grinding cocaine, which was in plain view, and its contents, which had fallen onto the floor of the car, was valid (see, People v Price, 54 N.Y.2d 557), as was their arrest of the defendant and his passenger. The subsequent search of the vehicle was also justified, as the officers had reason to believe that it might contain evidence related to the crimes for which defendant was arrested (see, People v Belton, 55 N.Y.2d 49; People v Jackson, 111 A.D.2d 411).
We have examined defendant's remaining contention and find it to be without merit. Mollen, P.J., Thompson, Niehoff and Eiber, JJ., concur.