People v. Jackson
| Decision Date | 28 July 1997 |
| Citation | 661 N.Y.S.2d 247,241 A.D.2d 557 |
| Parties | , 1997 N.Y. Slip Op. 7015 The PEOPLE, etc., Respondent, v. Eugene JACKSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Lisa Ann Enoch, Chappaqua, for appellant.
Jeanine Pirro, District Attorney, White Plains (Mary-Therese Rizzo and Richard Longworth Hecht, of counsel), for respondent.
Before BRACKEN, J.P., and SULLIVAN, PIZZUTO and KRAUSMAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Colabella, J.), rendered July 28, 1995, convicting him of burglary in the second degree (two counts), petit larceny (two counts), criminal mischief in the fourth degree (five counts), criminal possession of stolen property in the fifth degree (four counts), unlawful possession of marihuana, and operating a motor vehicle without lights, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the evidence adduced at the suppression hearing demonstrated that the stop of his vehicle was not pretextual since it was based on the officer's observation that it was being operated with only one taillight, and failed to stop at a stop sign in violation of the Vehicle and Traffic Law, for which he was issued summonses (see, People v. McCoy, 239 A.D.2d 437, 657 N.Y.S.2d 437; People v. David, 223 A.D.2d 551, 636 N.Y.S.2d 374; People v. Pincus, 184 A.D.2d 666, 584 N.Y.S.2d 866; People v. Petti, 182 A.D.2d 720, 582 N.Y.S.2d 270; People v. Frank, 161 A.D.2d 794, 556 N.Y.S.2d 368; People v. Ricciardi, 149 A.D.2d 742, 540 N.Y.S.2d 526; People v. Harvey, 146 A.D.2d 585, 536 N.Y.S.2d 507; People v. Bonsignore, 133 A.D.2d 771, 520 N.Y.S.2d 164). The subsequent seizure of numerous items of jewelry from the console next to the steering wheel was proper as those items were in plain view (see, People v. Ricciardi, supra, at 743, 540 N.Y.S.2d 526), and it was apparent that the jewelry was evidence of a crime (cf., People v. Carbone, 184 A.D.2d 648, 650, 585 N.Y.S.2d 68).
The defendant's vehicle was properly impounded since neither he nor his passenger had a valid driver's license (see, People v. Salazar, 225 A.D.2d 804, 640 N.Y.S.2d 167). Contrary to the defendant's contention, we find that it was reasonable for the officer to...
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...is not pretextual if "based upon the officer's observation" of a violation of the vehicle and traffic law, People v. Jackson, 241 A.D.2d 557, 661 N.Y.S.2d 247, 248 (2d Dep't 1997), is simply the outcome of an objective On the other hand, to suggest that an objectively valid traffic stop is ......
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