PEOPLE v. FELDER (2000)

 County Court properly denied the motion to suppress evidence seized from defendant when he was stopped for a curfew violation by parole officers with the assistance of a Syracuse police officer.   We reject the contention of defendant that the stop was illegal in the absence of exigent circumstances because it was not conducted by his own parole officer (see, People v. Van Buren, 198 A.D.2d 533, 604 N.Y.S.2d 188, lv. denied 83 N.Y.2d 811, 611 N.Y.S.2d 147, 633 N.E.2d 502).   Defendant further contends that the curfew violation was a pretext and that the parole officers were acting as agents of the police officer, who was searching for drugs.   We disagree (cf., People v. Mackie, 77 A.D.2d 778, 430 N.Y.S.2d 733;  People v. Candelaria, 63 A.D.2d 85, 406 N.Y.S.2d 783).   Defendant was stopped because he was suspected of violating his curfew.   In any event, information supplied by the police officer provided a reasonable basis to believe that defendant was selling drugs, and the search “was substantially related to the performance of the parole officer's duty to detect and prevent parole violations” (People v. Smith, 234 A.D.2d 1002, 651 N.Y.S.2d 807, lv. denied 89 N.Y.2d 988, 656 N.Y.S.2d 747, 678 N.E.2d 1363).

Judgment unanimously affirmed.

MEMORANDUM: