Opinion
September 29, 1995
Appeal from the Ontario County Court, Harvey, J.
Present Pine, J.P., Lawton, Wesley, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: County Court properly denied defendant's motion to suppress the shotgun found in plain view by the police during a protective sweep of the motel room from which defendant had emerged (see, People v Smith, 179 A.D.2d 597, lv denied 79 N.Y.2d 1008; People v Febus, 157 A.D.2d 380, appeal dismissed 77 N.Y.2d 835). Because the seizure of the shotgun was proper, defendant's statements made subsequent to the seizure were not tainted by any illegality.