PEOPLE v. SIMPSON

2014-09881, Ind. No. 2646/12.

176 A.D.3d 1113 (2019)

108 N.Y.S.3d 893

2019 NY Slip Op 07620

The People of the State of New York, Respondent, v. Michael Simpson, Appellant.

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

Decided October 23, 2019.


Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Alexis A. Ascher of counsel), for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens, NY ( John M. Castellano , Johnnette Traill , Ellen C. Abbot , and Kathryn A.A. O'Neill of counsel), for respondent.

Scheinkman, P.J., Hinds-Radix, LaSalle and Barros, JJ., concur.


Ordered that the judgment is affirmed.

The defendant was a passenger in a vehicle in which the police found a loaded gun. We agree with the Supreme Court's denial of that branch of the defendant's omnibus motion which was to suppress physical evidence, to wit, the gun. The search was not illegal. The defendant does not dispute that the initial stop of the vehicle based on traffic violations was lawful. Further, the officers' conduct in approaching the vehicle and...

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