Opinion
205 KA 16–02152
03-15-2019
The PEOPLE of the State of New York, Respondent, v. Timothy REINARD, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS P. DIFONZO OF COUNSEL), FOR DEFENDANT–APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. LOWRY OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a plea of guilty of two counts of robbery in the first degree ( Penal Law § 160.15[2], [4] ) and one count of criminal possession of a weapon in the second degree (§ 265.03[3] ). For reasons stated in the codefendant's appeal (see People v. Arroyo, 167 A.D.3d 1537, 1538, 90 N.Y.S.3d 446 [4th Dept. 2018] ), we reject defendant's contention that Supreme Court erred in refusing to suppress physical evidence seized following a traffic stop of the vehicle in which he was a passenger (see generally People v. Washington, 153 A.D.3d 1663, 1664, 63 N.Y.S.3d 151 [4th Dept. 2017], lv denied 30 N.Y.3d 1023, 70 N.Y.S.3d 456, 93 N.E.3d 1220 [2017] ).