People v. McKane

• Decision Date: 06 December 1999
• Citation: 267 A.D.2d 253,700 N.Y.S.2d 40
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>STEPHEN McKANE, Also Known as CORY JULIUS, Appellant.
• Court: New York Supreme Court — Appellate Division

267 A.D.2d 253

700 N.Y.S.2d 40

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.STEPHEN McKANE, Also Known as CORY JULIUS, Appellant.

Decided December 6, 1999.

S. Miller, J. P., O'Brien, McGinity and Feuerstein, JJ., concur.

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 AD2d 473; People v Alcide, 252 AD2d 591; People v Dougherty, 251 AD2d 344, 345; People v Edwards, 222 AD2d 603; People v McGriff, 219 AD2d 829). 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 AD2d 311; People v Dougherty, supra; People v Jackson, 241 AD2d 557; People v Tutt, 194 AD2d 575). 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.