From Casetext: Smarter Legal Research

People v. King

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 239 (N.Y. App. Div. 1999)

Summary

rejecting pretext theory

Summary of this case from People v. Lucas

Opinion

Submitted September 21, 1999

November 1, 1999

Lynn W. L. Fahey, New York, N.Y. (Katherine R. Schaefer of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered July 31, 1997, convicting him of murder in the second degree, robbery in the first 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 (Thomas, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence and statements made to law enforcement officials.

ORDERED that the judgment is affirmed.

The defendant contends that the weapon recovered from the vehicle which he was driving, as well as statements he made to law enforcement officials, should have been suppressed because the police stop of the vehicle was pretextual. We disagree. The officers properly stopped the vehicle upon observing it turn twice without signaling (see, Whren v. United States, 517 U.S. 806 ; People v. Dougherty, 251 A.D.2d 344 ; People v. Gelley, 242 A.D.2d 277 ; People v. Jackson, 241 A.D.2d 557 ; People v. McCoy, 239 A.D.2d 437 ). Once the police observed one handgun in plain view on the floor in the front passenger area of the vehicle, the officers were entitled to seize that weapon (see, People v. Robinson, 74 N.Y.2d 773, cert denied 493 U.S. 966; People v. Gelley, supra).

O'BRIEN, J.P., SULLIVAN, ALTMAN, and KRAUSMAN, JJ., concur.


Summaries of

People v. King

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 239 (N.Y. App. Div. 1999)

rejecting pretext theory

Summary of this case from People v. Lucas
Case details for

People v. King

Case Details

Full title:THE PEOPLE, etc., respondent, v. WAYNE KING, appellant. (Ind. No. 1853/93)

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1999

Citations

266 A.D.2d 239 (N.Y. App. Div. 1999)
697 N.Y.S.2d 325

Citing Cases

The People v. Irizarry

ORDERED that the judgment is affirmed. The uncontradicted testimony at the suppression hearing established…

People v. Reynolds

Initially, that Court, in reliance upon its own prior decisions and the subjective test for determination of…