People v. Benjamin

• Decision Date: 18 January 2000
• Citation: 701 N.Y.S.2d 641,268 A.D.2d 486
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>WINSTON BENJAMIN, Appellant.

268 A.D.2d 486

701 N.Y.S.2d 641

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.WINSTON BENJAMIN, Appellant.

Decided January 18, 2000.

Bracken, J. P., Thompson, Sullivan and Krausman, JJ., concur.

Ordered that the judgment is affirmed.

A police officer who was on patrol as part of the Queens Auto Larceny Unit was justified in approaching the defendant's double-parked vehicle at 1:00 A.M., upon observing that it had no license plate in the front and a 20-day nonresident temporary plate in the rear window (see, People v Ocasio, 85 NY2d 982, 985; People v Liverpool, 160 AD2d 894, 895).

The defendant's remaining contentions do not warrant reversal, as any error was harmless in light of the overwhelming evidence of guilt (see, People v Crimmins, 36 NY2d 230, 241-242).