Opinion
May 3, 1999
Appeal from the County Court, Rockland County (Meehan, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied that branch of his omnibus motion which was to suppress cocaine seized by the police. The defendant was a passenger in a van which was stopped by a State Trooper for traffic violations. The State Trooper observed the defendant reach into his waistband area, apparently to secrete an object. Therefore the State Trooper appropriately directed the defendant to step out of the car ( see, People v. Robinson, 74 N.Y.2d 773, cert denied 493 U.S. 966). As the defendant emerged, a clear plastic bag containing a white powdery substance fell out of his shorts to the ground. The State Trooper recognized the white substance as what appeared to be cocaine, and this established probable cause for the defendant's arrest ( see, CPL 70.10). Thereafter, the codefendant, the driver of the van, consented to the search of the vehicle ( see, People v. Gonzalez, 39 N.Y.2d 122).
Contrary to the defendant's contentions, the charge to the jury on circumstantial evidence was adequate ( see, People v. Davis, 244 A.D.2d 418).
The defendant's contention that his, sentence was excessive is without merit ( see, People v. Suitte, 90 A.D.2d 80).
Altman, J. P., Goldstein, Florio and McGinity, JJ., concur.