Opinion
October 31, 1988
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the judgment is affirmed.
The court properly denied that branch of the defendant's motion which was to suppress a handgun which had been seized during the execution of a search warrant at 1051 Bedford Avenue in Brooklyn. The warrant described the premises to be searched with sufficient particularity so as to conform to statutory and constitutional requirements (US Const 4th Amend; N Y Const, art I, § 12; CPL 690.45; Maryland v Garrison, 480 U.S. 79; People v Salgado, 57 N.Y.2d 662, rearg denied 57 N.Y.2d 956). Although the warrant authorized a search for gambling paraphernalia, the handgun was properly seized pursuant to the "plain view" exception to the warrant requirement (see, Coolidge v New Hampshire, 403 U.S. 443, 465; People v Jackson, 41 N.Y.2d 146, 150; People v Watson, 100 A.D.2d 452, 463; People v Earley, 76 A.D.2d 335, 341). Finally, we find that the court did not abuse its discretion (CPL 220.60) in denying, after a hearing, the defendant's presentence motion to withdraw his plea. Bracken, J.P., Lawrence, Weinstein and Balletta, JJ., concur.