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People v. Veryzer

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 609 (N.Y. App. Div. 1988)

Opinion

April 11, 1988

Appeal from the County Court, Nassau County (Goodman, J.).


Ordered that the judgment is affirmed.

The defendant's contention that his arrest was based upon less than probable cause is without merit. Following a radio call about a yellow Ford operating in a suspicious manner in the vicinity of a bank, with a license plate number which had been assigned to a different-colored automobile, the vehicle was properly stopped based upon the officer's reasonable suspicion that its driver had committed a traffic infraction. Thereafter the officer's observations of the stolen property, which was in plain view, coupled with the defendant's implausible responses, provided probable cause to make the arrest (see, People v. David L., 56 N.Y.2d 698, cert denied 459 U.S. 866; People v Williamson, 107 A.D.2d 727).

Additionally, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find it legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

Finally, we find the defendant's allegation of prosecutorial misconduct to have been unpreserved for appellate review (CPL 470.05), and in any event without merit (see, People v Crawford, 130 A.D.2d 678). Mangano, J.P., Bracken, Spatt and Harwood, JJ., concur.


Summaries of

People v. Veryzer

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 609 (N.Y. App. Div. 1988)
Case details for

People v. Veryzer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD VERYZER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 11, 1988

Citations

139 A.D.2d 609 (N.Y. App. Div. 1988)

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