Opinion
817 KA 19-01444
11-19-2021
The PEOPLE of the State of New York, Respondent, v. Lee WILLIAMS, Defendant-Appellant.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SARA A. GOLDFARB OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JESSICA N. CARBONE OF COUNSEL), FOR RESPONDENT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (SARA A. GOLDFARB OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JESSICA N. CARBONE OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal from the judgment insofar as it imposed a sentence of incarceration is unanimously dismissed and the judgment is affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree ( Penal Law § 220.16 [1] ) and unlawful fleeing a police officer in a motor vehicle in the third degree (§ 270.25), defendant contends that County Court erred in refusing to suppress evidence obtained from his vehicle because officers performed what defendant contends was an invalid inventory search (see e.g. People v. Gomez , 13 N.Y.3d 6, 10-11, 884 N.Y.S.2d 339, 912 N.E.2d 555 [2009] ). We disagree.
Contrary to defendant's suggestion, the court did not conclude that the search of the vehicle was authorized as an inventory search. Instead, the court correctly determined that the search of defendant's vehicle was authorized pursuant to the automobile exception to the warrant requirement, i.e., an exception that permits officers to " ‘search a vehicle without a warrant when they have probable cause to believe that evidence or contraband will be found there’ " ( People v. Johnson , 159 A.D.3d 1382, 1383, 72 N.Y.S.3d 672 [4th Dept. 2018], lv denied 31 N.Y.3d 1083, 79 N.Y.S.3d 105, 103 N.E.3d 1252 [2018] ; see People v. Henderson , 57 A.D.3d 562, 564, 868 N.Y.S.2d 299 [2d Dept. 2008], lv denied 12 N.Y.3d 925, 884 N.Y.S.2d 707, 912 N.E.2d 1088 [2009] ). Probable cause to search a vehicle under the automobile exception may be obtained by, inter alia, the observation of contraband inside the vehicle in plain view (see People v. Simpson , 176 A.D.3d 1113, 1113, 108 N.Y.S.3d 893 [2d Dept. 2019], lv denied 34 N.Y.3d 1162, 120 N.Y.S.3d 243, 142 N.E.3d 1145 [2020] ; cf. People v. Johnson , 183 A.D.3d 1273, 1275, 123 N.Y.S.3d 378 [4th Dept. 2020] ; see generally People v. King , 193 A.D.2d 1075, 1075-1076, 598 N.Y.S.2d 879 [4th Dept. 1993], lv denied 82 N.Y.2d 721, 602 N.Y.S.2d 818, 622 N.E.2d 319 [1993] ). Under these circumstances, the arresting officers obtained probable cause to search the vehicle upon the observation by one of the officers of what he identified as either heroin, Fentanyl, or a mixture of both in plain view on the driver's side floor and on the center console.
Defendant's challenge to the length of his sentence of incarceration is moot because he has already served that term (see People v. Kelley , 186 A.D.3d 1103, 1103, 127 N.Y.S.3d 364 [4th Dept. 2020], lv denied 35 N.Y.3d 1113, 133 N.Y.S.3d 533, 158 N.E.3d 550 [2020] ) and we dismiss that part of defendant's appeal (see People v. Laney , 117 A.D.3d 1481, 1482, 984 N.Y.S.2d 727 [4th Dept. 2014] ).