Opinion
September 18, 1990
Appeal from the Supreme Court, New York County, Richard D. Carruthers, J.
Where the police have validly arrested an occupant of an automobile, and they have reason to believe that the car may contain evidence related to the crime for which the occupant was arrested, or that a weapon may be discovered or a means of escape may be thwarted, they may contemporaneously search the passenger compartment of the car and any containers found therein. (People v. Belton, 55 N.Y.2d 49, 55.) The search of the automobile in which the defendant was seated was properly made subsequent to the valid arrest of another occupant, who the police observed examining a vial of crack. Defendant's suppression motion was, therefore, properly denied.
Concur — Ross, J.P., Rosenberger, Kassal, Wallach and Rubin, JJ.