People v. Carr

• Decision Date: 12 December 2005
• Docket Number: 2004-02876.
• Citation: 2005 NY Slip Op 09555,24 A.D.3d 566,806 N.Y.S.2d 683
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADRIAN CARR, Appellant.
• Court: New York Supreme Court — Appellate Division

24 A.D.3d 566

806 N.Y.S.2d 683

2005 NY Slip Op 09555

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADRIAN CARR, Appellant.

2004-02876.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered March 18, 2004, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Kriendler, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

After a lawful stop of the defendant's vehicle (see People v. Ingle, 36 NY2d 413, 414-415 [1975]; People v. Edwards, 222 AD2d 603, 604 [1995]), the actions by the arresting officer which led to the discovery of the gun were minimally intrusive (see People v. Vasquez, 106 AD2d 327, 329 [1984], affd 66 NY2d 968 [1985], cert denied 475 US 1109 [1986]; see also Matter of William S., 13 AD3d 189 [2004]), reasonable to control the scene (see People v. Forbes, 283 AD2d 92, 96 [2001]), and reasonably related in scope and intensity to the circumstances (see People v. O'Neal, 248 AD2d 561 [1998]). Accordingly, the Supreme Court properly allowed the gun into evidence.

The defendant's remaining contention is without merit.

H. Miller, J.P., Krausman, Rivera and Dillon, JJ., concur.