PEOPLE v. BRAHAM

2010-12069.

97 A.D.3d 689 (2012)

948 N.Y.S.2d 122

2012 NY Slip Op 5539

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVE BRAHAM, Appellant.

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

July 11, 2012.


Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress a gun recovered from the defendant's automobile. The evidence supported the hearing court's determinations, inter alia, that the gun was in plain view, and that the gun's discovery was inadvertent (see People v Manganaro, 176 A.D.2d 354, 355-356 [1991]).

Under the circumstances...

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