Opinion
June 23, 1997
Appeal from the Supreme Court, Nassau County (Goodman, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the drugs were illegally seized from his van and must therefore be suppressed is without merit. Upon the defendant's arrest, the police officer was authorized to enter the defendant's van, which had just collided with a police car and was extending into the street with its motor running ( see, People v. Shapiro, 141 A.D.2d 577). When the officer entered the van, the drugs and its container were in plain view. Since the officer was lawfully present in the van and inadvertently saw the drugs, they were properly admitted under the plain view doctrine ( see, People v. Shapiro, supra).
The defendant's contention that the evidence was insufficient to prove beyond a reasonable doubt that he had knowledge that he possessed more than one-half ounce of cocaine is unpreserved for appellate review ( see, People v. Gray, 86 N.Y.2d 10; People v. Lawrence, 85 N.Y.2d 1002), and in any event, is without merit. The evidence established that the defendant carried the cocaine in two vials and a plastic bag, that it weighed over twice the statutory limit, and that he had prior dealings in the drug trade. Viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.
Miller, J.P., Sullivan, Joy and Altman, JJ., concur.