Appellate Division of the Supreme Court of New York, 2005

People v. Carr

Appellate Division of the Supreme Court of New York · Decided December 12, 2005

24 A.D.3d 566; 806 N.Y.S.2d 683

Cases that cite this one

2 later published cases cite this decision.

People v. Contant (Appellate Division of the Supreme Court of New York 2010)
People v. Willis (Appellate Division of the Supreme Court of New York 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered March 18, 2004, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a heariug (Kriendler, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed.

*567After a lawful stop of the defendant’s vehicle (see People v Ingle, 36 NY2d 413, 414-415 [1975]; People v Edwards, 222 AD2d 603, 604 [1995]), the actions by the arresting officer which led to the discovery of the gun were minimally intrusive (see People v Vasquez, 106 AD2d 327, 329 [1984], affd 66 NY2d 968 [1985], cert denied 475 US 1109 [1986]; see also Matter of William S., 13 AD3d 189 [2004]), reasonable to control the scene (see People v Forbes, 283 AD2d 92, 96 [2001]), and reasonably related in scope and intensity to the circumstances (see People v O’Neal, 248 AD2d 561 [1998]). Accordingly, the Supreme Court properly allowed the gun into evidence.

The defendant’s remaining contention is without merit. H. Miller, J.P., Krausman, Rivera and Dillon, JJ., concur.

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