People v. McKane

• Citation: 700 N.Y.S.2d 40
• Parties: 1999 N.Y. Slip Op. 10,467 The PEOPLE, etc., respondent, v. Stephen McKANE, a/k/a Cory Julius, appellant.
• Decision Date: 06 December 1999
• Court: New York Supreme Court Appellate Division

Page 40

700 N.Y.S.2d 40

1999 N.Y. Slip Op. 10,467

The PEOPLE, etc., respondent, v. Stephen McKANE, a/k/a Cory Julius, appellant.

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

Dec. 6, 1999.

Lynn W.L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, and Donna Aldea of counsel; Daniel J. Melman on the brief), for respondent.

SONDRA MILLER, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY and SANDRA J. FEUERSTEIN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered September 8, 1998, convicting him of criminal possession of a weapon in the third degree (two counts), upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (McDonald, J.), of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements made by him to law enforcement officials.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the police properly stopped his car due to an apparent violation of Vehicle and Traffic Law § 375(12-a)(b)(2) (see, People v. Henry, 258 A.D.2d 473, 685 N.Y.S.2d 100; People v. Alcide, 252 A.D.2d 591, 676 N.Y.S.2d 216; People v. Dougherty, 251 A.D.2d 344, 345, 673 N.Y.S.2d 742; People v. Edwards, 222 A.D.2d 603, 635 N.Y.S.2d 274; People v. McGriff, 219 A.D.2d 829, 631 N.Y.S.2d 969). Thereafter, during routine investigatory questioning, the arresting officer observed, in plain view, the butt of a gun protruding from beneath the driver's seat, justifying the defendant's arrest (see, People v. Sira, 254 A.D.2d 311, 680 N.Y.S.2d 101; People v. Dougherty, supra; People v. Jackson, 241 A.D.2d 557, 661 N.Y.S.2d 247; People v. Tutt, 194 A.D.2d 575, 598 N.Y.S.2d 324). Accordingly, the Supreme Court properly denied those branches of the defendant's omnibus motion which were to suppress physical evidence and the statements he made to law enforcement officials after he was arrested.

The defendant's remaining contentions are without merit.