People v. Rodriguez
| Decision Date | 15 August 1986 |
| Citation | 505 N.Y.S.2d 936,122 A.D.2d 895 |
| Parties | The PEOPLE, etc., Respondent, v. William RODRIGUEZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York City (Lisabeth Harrison, of counsel; Howard Friedman, on the brief), for appellant.
John J. Santucci, Dist. Atty., Kew Gardens (Randi Fleishman, of counsel), for respondent.
Before LAZER, J.P., and MANGANO, BROWN and WEINSTEIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Calabretta, J.), rendered June 7, 1985, convicting him of criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Giaccio, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Judgment affirmed.
The hearing court credited the uncontradicted testimony of a police officer who was the sole witness at the suppression hearing that the vehicle operated by the defendant was stopped for speeding. The officer had reasonable grounds to believe that the defendant was driving at an excessive rate of speed for the prevailing conditions in violation of Vehicle and Traffic Law § 1180(a). It follows that the stop predicated on the traffic infraction was justified (see, e.g., People v. Velazquez, 64 N.Y.2d 1118, 490 N.Y.S.2d 169, 479 N.E.2d 805; People v. Erwin, 42 N.Y.2d 1064, 399 N.Y.S.2d 637, 369 N.E.2d 1170; People v. Greene, 104 A.D.2d 601, 479 N.Y.S.2d 540, appeal dismissed 64 N.Y.2d 850, 487 N.Y.S.2d 316, 476 N.E.2d 642). We therefore decline to disturb the hearing court's finding. Moreover, the arrest of the defendant was warranted based upon his failure to produce a driver's license in response to the officer's request in violation of Vehicle and Traffic Law § 509 (CPL 140.10[1][a] ). In addition, the defendant was unable to produce identification and could not state who owned the vehicle he was driving. The search conducted of the defendant's person was incident to a lawful arrest. Thus, the motion to suppress was properly denied (see, People v. Copeland, 39 N.Y.2d 986, 387 N.Y.S.2d 234, 355 N.E.2d 288).
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...was incident to that lawful arrest (see, People v. Ellis, 62 N.Y.2d 393, 396, 477 N.Y.S.2d 106, 465 N.E.2d 826; People v. Rodriguez, 122 A.D.2d 895, 896, 505 N.Y.S.2d 936, lv denied 68 N.Y.2d 1003, 510 N.Y.S.2d 1036, 503 N.E.2d 133). Willis' statement to Bird that there was marihuana in the......
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...at an excessive rate of speed for the prevailing conditions in violation of Vehicle and Traffic Law § 1180(a) (see, People v. Rodriguez, 122 A.D.2d 895, 505 N.Y.S.2d 936). We find no basis in this record to disturb the determination that the vehicle was lawfully stopped (see, People v. Proc......
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People v. Mezon
...v. Copeland, 39 N.Y.2d 986, 387 N.Y.S.2d 234, 355 N.E.2d 288; People v. Spencer, 130 A.D.2d 882, 515 N.Y.S.2d 653; People v. Rodriguez, 122 A.D.2d 895, 505 N.Y.S.2d 936). THOMPSON, J.P., and EIBER, BALLETTA and RITTER, JJ., ...
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People v. Mezon
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