People v. BROWN, JR.

Decision Date02 June 2003
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>RAYMOND W. BROWN, JR., Appellant.
CourtNew York Supreme Court — Appellate Division

Santucci, J.P., Krausman, Schmidt and Townes, JJ., concur.

Ordered that the judgment is affirmed.

The defendant was convicted, inter alia, of criminal possession of a controlled substance in the fifth degree after cocaine was seized from his person during a traffic stop. He contends that the court erred in denying suppression of the physical evidence.

The defendant's contention that the traffic stop was pretextual is without merit. The stop was based upon information from a police computer run that the defendant was driving a vehicle with a suspended registration (see generally, People v Ingle, 36 NY2d 413 [1975]; People v Osamudiamen, 269 AD2d 609 [2000]; People v McCoy, 239 AD2d 437 [1997]). Under such circumstances, the police officer had probable cause to arrest the defendant (see Vehicle and Traffic Law § 512). Further, the defendant resisted arrest. Suppression of the cocaine recovered from the defendant's person was not warranted.

The defendant's remaining contentions are without merit.

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7 cases
  • People v. Bushey
    • United States
    • New York Court of Appeals Court of Appeals
    • 4 Mayo 2017
    ...38 A.D.3d 565, 565, 833 N.Y.S.2d 518 [2d Dept.2007], lv. denied 9 N.Y.3d 922, 844 N.Y.S.2d 177, 875 N.E.2d 896 [2007] ; People v. Brown, 306 A.D.2d 291, 291, 760 N.Y.S.2d 348 [2d Dept.2003], lv. denied 100 N.Y.2d 618, 767 N.Y.S.2d 401, 799 N.E.2d 624 [2003] ), as have courts in other states......
  • People v. Bushey
    • United States
    • New York Court of Appeals Court of Appeals
    • 4 Mayo 2017
    ...38 A.D.3d 565, 565, 833 N.Y.S.2d 518 [2d Dept.2007], lv. denied 9 N.Y.3d 922, 844 N.Y.S.2d 177, 875 N.E.2d 896 [2007] ; People v. Brown, 306 A.D.2d 291, 291, 760 N.Y.S.2d 348 [2d Dept.2003], lv. denied 100 N.Y.2d 618, 767 N.Y.S.2d 401, 799 N.E.2d 624 [2003] ), as have courts in other states......
  • People v. Lewis
    • United States
    • New York Supreme Court — Appellate Division
    • 10 Noviembre 2011
    ...a motor vehicle while his registration was suspended or revoked, a misdemeanor (Vehicle and Traffic Law § 512; see People v. Brown, 306 A.D.2d 291, 760 N.Y.S.2d 348, lv. denied 100 N.Y.2d 618, 767 N.Y.S.2d 401, 799 N.E.2d 624). Thus, the police had the authority to conduct a search incident......
  • People v. Singh
    • United States
    • New York County Court
    • 26 Octubre 2015
    ...circumstances, the police officer had probable cause to arrest the defendant (see Vehicle and Traffic Law § 512 ( People v. Brown, 306 A.D.2d 291, 760 N.Y.S.2d 348 [2003] )."6 In a recent Buffalo City Court case the judge dismissed the charge of operating a motor vehicle with suspended/revo......
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