THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JORGE COSME DEFENDANT APPELLANT (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JORGE L. COSME, DEFENDANT-APPELLANT.

KA 07-00258

Decided: February 11, 2010

PRESENT: SCUDDER, P.J., SMITH, FAHEY, AND LINDLEY, JJ.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (PATRICK H. FIERRO OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the first degree (Penal Law § 220.21[1] ) and three counts of criminal possession of a controlled substance in the third degree (§ 220.16[1], [12] ), defendant contends that County Court erred in refusing to suppress evidence seized as the result of the allegedly illegal stop of his vehicle. We reject that contention. “The officer['s] observation that defendant was not wearing a seatbelt was a sufficient reason to stop the vehicle” driven by defendant (People v. Taylor, 57 AD3d 1504, 1505, lv denied 12 NY3d 788). Once the vehicle was stopped, the officer detected the odor of marihuana and thus had probable cause to search the vehicle (see People v. Cirigliano, 15 AD3d 672, lv denied 5 NY3d 760, 827).

Patricia L. Morgan

Clerk of the Court

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