People v. Hayden

• Decision Date: 22 November 2017
• Citation: 65 N.Y.S.3d 320,155 A.D.3d 1309
• Parties: The PEOPLE of the State of New York, Respondent, v. Dwayne A. HAYDEN, Appellant.
• Court: New York Supreme Court — Appellate Division

155 A.D.3d 1309
65 N.Y.S.3d 320

The PEOPLE of the State of New York, Respondent,
v.
Dwayne A. HAYDEN, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Nov. 22, 2017.

65 N.Y.S.3d 321

A. Renee Sutton, Elmira, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (M. Hyder Hussain of counsel), for respondent.

Before: McCARTHY, J.P., LYNCH, ROSE, CLARK and PRITZKER, JJ.

McCARTHY, J.P.

155 A.D.3d 1309

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 26, 2015, convicting defendant upon his plea of guilty of the crime of criminal possession of a forged instrument in the second degree.

Defendant was driving a vehicle, accompanied by the owner. After a state trooper pulled the vehicle over for traffic violations, and upon learning that defendant's license was suspended, he removed defendant from the vehicle. While talking to the owner, the trooper noticed credit cards in the vehicle, obtained her consent to search the vehicle, and discovered numerous forged instruments. Defendant was charged with 15 counts of criminal possession of a forged instrument in the second degree. County Court denied defendant's motion to suppress the evidence seized from the vehicle. After a jury was selected, defendant pleaded guilty to one count of criminal possession

155 A.D.3d 1310

of a forged instrument in the second degree. The court imposed a prison sentence of 1 to 3 years. Defendant appeals.

County Court did not err in denying defendant's suppression motion. Defendant concedes that the trooper had the authority to stop the vehicle based on his observation of traffic infractions, namely, the car swerved from lane to lane and exited a highway without using a turn signal (see People v. McLean, 99 A.D.3d 1111, 1111–1112, 952 N.Y.S.2d 672 [2012], lv. denied 20 N.Y.3d 1013, 960 N.Y.S.2d 356, 984 N.E.2d 331 [2013] ; see also Vehicle and Traffic Law §§ 1128, 1130, 1163[a] ). A police officer may request consent to search a vehicle if, during a traffic stop, the officer develops a founded

65 N.Y.S.3d 322

suspicion that criminality is afoot (see People v. McLean, 99 A.D.3d at 1113, 952 N.Y.S.2d 672 ). At the suppression hearing, the trooper testified that, after he removed defendant from the vehicle for aggravated unlicensed operation of a motor vehicle (see Vehicle and Traffic Law § 511 ), the passenger approached. The trooper advised the passenger, who he determined was the registered owner of the vehicle, to return to the vehicle and sit in the driver's seat because the trooper felt it was unsafe for her to stand on the narrow road. While the trooper talked to her from the passenger's side window, he observed two credit cards bearing a male name that was not defendant's. Upon asking the owner about the person named on the cards, the owner denied knowing that person or being the owner of the cards. Unprompted, she then emptied her purse onto the passenger seat, stated that she did not have any credit cards, and told the trooper, "you can check my car, you can check me." The trooper then asked her for consent to search the car and to pick up the credit...