Appellate Division of the Supreme Court of New York, 1989

People v. Ragland

People v. Ragland
Appellate Division of the Supreme Court of New York · Decided December 20, 1989
156 A.D.2d 953; 549 N.Y.S.2d 249; 1989 N.Y. App. Div. LEXIS 16102
People v. Ragland

Opinion of the Court

Judgment unanimously affirmed. Memorandum: The court’s denial of defendant’s suppression motion is supported by the record and must be affirmed. The police stopped defendant’s car for a suspected traffic violation and noticed a box of bullets in plain view. Under these circumstances the police had the right to order defendant out of the car and frisk him for weapons (see, Pennsylvania v Mimms, 434 US 106). (Appeal from judgment of Supreme Court, Erie County, Kubiniec, J. — attempted criminal possession of weapon, second degree.) Present — Callahan, J. P., Denman, Green, Pine and Lawton, JJ.

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