People v. Stevenson

• Decision Date: 13 April 2017
• Parties: The PEOPLE of the State of New York, Respondent, v. Craig L. STEVENSON, Appellant.
• Court: New York Supreme Court — Appellate Division

149 A.D.3d 1271

52 N.Y.S.3d 533

The PEOPLE of the State of New York, Respondent,

v.Craig L. STEVENSON, Appellant.

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

April 13, 2017.

Randolph V. Kruman, Cortland, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Jordan J. Yorke of counsel), for respondent.

Before: McCARTHY, J.P., GARRY, ROSE, MULVEY and AARONS, JJ.

GARRY, J.

Appeal from a judgment of the County Court of Chemung County (Rich Jr., J.), rendered January 16, 2015, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, and the violation of criminal possession of marihuana in the fourth degree.

In August 2013, at about 10:45 p.m., a police officer on routine foot patrol in a housing complex in the City of Elmira, Chemung County observed a vehicle in a tenant-only parking space with its headlights on and motor running, but without a tenant parking permit, as required by the local ordinance. Defendant was in the driver's seat and his wife was in the front passenger seat of the vehicle. The officer approached and, upon questioning, defendant advised that he was not a tenant and that he was visiting a tenant; however, the officer knew the tenant and had just encountered this tenant leaving the complex shortly before observing defendant. The officer requested defendant's driver's license, discovered that it was suspended and, after a second officer arrived, arrested defendant. Immediately thereafter a cursory search of the vehicle resulted in the discovery of cocaine and marihuana, in a bag located upon the driver's seat. As a result, defendant was indicted for criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree and criminal possession of marihuana in the fourth degree. Following a Mapp hearing, County Court denied defendant's motion to suppress the contraband on the basis that, as pertinent here, the initial stop was justified and the search was incident to a lawful arrest. After a jury trial, defendant was convicted of all counts. Defendant appeals, challenging only the denial of his suppression motion.

Contrary to defendant's contention upon appeal, the officer's initial approach and request for defendant's driver's license were proper. Unlike stopping a moving vehicle, an approach of an occupied, stationary vehicle to request information, including identification and information related to the lawful operation of the vehicle, is permitted where there is "an objective, credible reason" for doing so (People v. Ocasio, 85 N.Y.2d 982, 984, 629 N.Y.S.2d 161, 652 N.E.2d 907 [1995] ; see People v. O'Brien, 140 A.D.3d 1325, 1326, 32 N.Y.S.3d 741 [2016] ; People v. Boler, 106 A.D.3d 1119, 1121, 964 N.Y.S.2d 688 [2013] ; see also People v. Karagoz, 143 A.D.3d 912, 914, 39 N.Y.S.3d 217 [2016] ; People v. Thomas, 19 A.D.3d 32, 42, 792 N.Y.S.2d 472 [2005], lv. denied 5 N.Y.3d 795, 801 N.Y.S.2d 816, 835 N.E.2d 676 [2005] ). Notably, in his memorandum in support of his motion to suppress, defendant conceded that the officer's observations "clearly authorized" him to approach defendant for...