People v. Ahing
Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered June 13, 1985, convicting him of criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial of that branch of the defendant’s omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
The defendant’s motion to suppress a pen gun found on his person was properly denied. In People v Class (63 NY2d 491, revd 475 US 106, on remand 67 NY2d 431), the
Under these circumstances, the defendant’s reliance on People v Class (supra) is clearly misplaced. Here, the predicate for the officers’ nonconsensual entry into the vehicle for the purpose of determining the VIN was considerably more than the mere fact that the defendant had been stopped for a traffic infraction. To the contrary, the actions of the police were at all times reasonably related in scope and intensity to the information available to them as their encounter with the defendant unfolded (see, People v De Bour, 40 NY2d 210; People v Finlayson, 76 AD2d 670, lv denied 51 NY2d 1011, cert denied 450 US 931). Thus, the arrest of the defendant was amply supported by probable cause, and the seizure of the pen gun in the course of a search of his person incident to that arrest was lawful (see, People v Belton, 55 NY2d 49, 52-53). Bracken, J. P., Niehoff, Eiber and Sullivan, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.