Opinion
(IND. NO. 12920/96)
Submitted May 10, 2001
August 27, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered May 14, 1998, convicting him of criminal possession of a controlled substance in the second degree and criminally using drug paraphernalia in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Christopher Renfroe, Forest Hills, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Kathleen O'Leary of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The issue the defendant raises on appeal concerning the stop of a livery cab is unpreserved for appellate review ( see, CPL 470.05; see also, People v. Kendrick, 256 A.D.2d 420; People v. Gaston, 239 A.D.2d 356; People v. Udzinski, 146 A.D.2d 245). The defendant did not have standing to challenge the search of the livery cab because he was not charged with constructive possession of drugs pursuant to Penal Law § 220.25 (1). Since the police officer could see into the bag containing the cocaine and the razor blades from his lawful vantage point outside of the livery cab, the seizure of those items without a warrant was proper ( see, Texas v. Brown, 460 U.S. 730; People v. Robinson, 74 N.Y.2d 773; see also, California v. Carney, 471 U.S. 386; People v. Galak, 81 N.Y.2d 463).
GOLDSTEIN, J.P., McGINITY, SCHMIDT and SMITH, JJ., concur.