People v. Suarez
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered October 3, 1990, convicting him of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the hearing court properly denied suppression of the cocaine recovered from the back seat of the stolen car in which he was arrested. The stop of the stolen car was clearly proper, as was the seizure of the gun discovered during a frisk of the defendant incident to his arrest. Having discovered the gun in the course of securing the stolen car, the limited search conducted of the back seat was appropriate pursuant to the automobile exception to the
We have reviewed the defendant’s remaining contentions and find them to be without merit. Sullivan, J. P., Rosenblatt, Miller and Ritter, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.