Opinion
September 29, 1995
Appeal from the Ontario County Court, Henry, Jr., J.
Present — Denman, P.J., Green, Fallon, Doerr and Balio, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's appeal from a judgment convicting him of criminal possession of a controlled substance in the third degree brings up for review a decision denying defendant's motion to suppress crack cocaine found in a car in which defendant was riding. As limited by his brief, the sole contention of defendant is that there was no basis for the stop of the vehicle.
A vehicle stop is lawful provided that there is reasonable suspicion of criminal activity (see, People v Sobotker, 43 N.Y.2d 559; People v Ingle, 36 N.Y.2d 413). Here, the officers had reason to suspect that a passenger, whom they knew and believed to be younger than 21, had made an illegal purchase of alcohol (see generally, Alcoholic Beverage Control Law §§ 65, 65-a, 65-b) and that the alcohol purchased was in the vehicle occupied by three other apparently underage individuals. The officers' observations gave rise to reasonable suspicion justifying the stop of the vehicle.