Opinion
Submitted January 24, 2000
February 28, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered October 22, 1998, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Marrero, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Notote Osamudiamen, New York, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Victor Barall of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the hearing court properly denied suppression of his driving records obtained from the New York State Department of Motor Vehicles. The credible testimony of the Taxi and Limousine Commission (hereinafter the TLC) inspector established that he approached the defendant's vehicle, which was at the curb, upon observing that the car had TLC plates but did not have a valid TLC sticker inside the front windshield. Accordingly, under the circumstances, the TLC inspector's interference with the defendant's vehicle was justified (see,People v. Ocasio, 85 N.Y.2d 982 ; People v. Spencer, 84 N.Y.2d 749, cert denied 516 U.S. 905; People v. Hollman, 79 N.Y.2d 181 ; People v. DeBour, 40 N.Y.2d 210 ; People v. Ingle, 36 N.Y.2d 413 ).
The defendant's claim that he received ineffective assistance of counsel is without merit (see, People v. Ford, 86 N.Y.2d 397, 404 ;People v. Conklin, 208 A.D.2d 763 ).