People v. Grear

• Decision Date: 21 October 1996
• Citation: 649 N.Y.S.2d 36,232 A.D.2d 578
• Parties: The PEOPLE, etc., Respondent, v. Clifford M. GREAR, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 36

649 N.Y.S.2d 36

232 A.D.2d 578

The PEOPLE, etc., Respondent, v. Clifford M. GREAR, Appellant.

Supreme Court, Appellate Division Second Department.

Oct. 21, 1996.

James D. Licata, New City (Lois Cappelletti, of counsel), for appellant.

Michael E. Bongiorno, District Attorney, New City (Lisa B. Cohen, of counsel), for respondent.

Before MILLER, J.P., and RITTER, KRAUSMAN and FLORIO, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered August 1, 1995, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which sought to suppress physical evidence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contentions, the inventory search of the rental car he was operating was reasonable under the circumstances of this case (see generally, People v. Galak, 80 N.Y.2d 715, 594 N.Y.S.2d 689, 610 N.E.2d 362; People v. Scott, 210 A.D.2d 920, 621 N.Y.S.2d 260). The car had been legitimately stopped for speeding and the defendant failed to produce a license or registration for the vehicle, which proved to be a Pennsylvania rental car (see, People v. Scott, supra; People v. Brooks, 161 A.D.2d 655, 555 N.Y.S.2d 431). Therefore an arrest of the defendant was appropriate for the violations of the Vehicle and Traffic Law (see, People v. Brooks, supra; People v. Cammock, 144 A.D.2d 375, 533 N.Y.S.2d 918; see also, People v. Scott, 210 A.D.2d 920, 621 N.Y.S.2d 260, supra). The defendant's passenger produced a rental agreement indicating that the car had been rented to a woman whom he identified as a friend. However, the passenger was unable to provide his alleged friend's address or telephone number. Since neither the driver nor the passenger was listed on the rental agreement, it was reasonable for the arresting officer to make further inquiry into the status of the rental car (see, People v. Foster, 173 A.D.2d 841, 571 N.Y.S.2d 948; People v. Wilson, 161 A.D.2d 742, 555 N.Y.S.2d 875; see also, People v. Ford, 203 A.D.2d 194, 611 N.Y.S.2d 504; People v. Vazquez, 135 A.D.2d 896, 522 N.Y.S.2d 294). The decision to impound the car and conduct an inventory search was reasonable and in accordance with standard police procedures (see, Colorado v. Bertine, 479 U.S. 367, 107 S.Ct. 738, 93...