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People v. McKane

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1999
267 A.D.2d 253 (N.Y. App. Div. 1999)

Opinion

Argued November 5, 1999

December 6, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered September 8, 1998, convicting him of criminal possession of a weapon in the third degree (two counts), upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (McDonald, J.), of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements made by him to law enforcement officials.

Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Donna Aldea of counsel; Daniel J. Melman on the brief), for respondent.

SONDRA MILLER, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the police properly stopped his car due to an apparent violation of Vehicle and Traffic Law § 375(12-a)(b)(2) (see, People v. Henry, 258 A.D.2d 473 ;People v. Alcide, 252 A.D.2d 591 ; People v. Dougherty, 251 A.D.2d 344, 345 ; People v. Edwards, 222 A.D.2d 603 ; People v. McGriff, 219 A.D.2d 829 ). Thereafter, during routine investigatory questioning, the arresting officer observed, in plain view, the butt of a gun protruding from beneath the driver's seat, justifying the defendant's arrest (see, People v. Sira, 254 A.D.2d 311 ; People v. Dougherty, supra; People v. Jackson, 241 A.D.2d 557 ; People v. Tutt, 194 A.D.2d 575 ). Accordingly, the Supreme Court properly denied those branches of the defendant's omnibus motion which were to suppress physical evidence and the statements he made to law enforcement officials after he was arrested.

The defendant's remaining contentions are without merit.

S. MILLER, J.P., O'BRIEN, McGINITY, and FEUERSTEIN, JJ., concur.


Summaries of

People v. McKane

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 1999
267 A.D.2d 253 (N.Y. App. Div. 1999)
Case details for

People v. McKane

Case Details

Full title:THE PEOPLE, etc., respondent, v. STEPHEN McKANE, a/k/a CORY JULIUS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 6, 1999

Citations

267 A.D.2d 253 (N.Y. App. Div. 1999)
700 N.Y.S.2d 40

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