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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PABLO ESTIVAREZ, DEFENDANT–APPELLANT.
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 a jury verdict of criminal possession of marihuana in the third degree (Penal Law § 221.20), defendant contends that Supreme Court erred in refusing to suppress marihuana seized by the police from the vehicle in which defendant was a passenger following a traffic stop. Defendant sought suppression of the marihuana on the ground that it was the product of an illegal search of a locked container within the trunk of the vehicle, and he now contends for the first time on appeal that the officer who stopped the vehicle gave testimony “ ‘patently tailored to nullify constitutional objections' “ with respect to the traffic stop (People v. Lebron, 184 A.D.2d 784, 784). That contention therefore is not preserved for our review (see CPL 470.05[2]; People v. Buckman, 66 AD3d 1400, 1401, lv. denied 13 NY3d 937), and is without merit in any event. The hearing record supports the court's determination that the officer lawfully stopped the vehicle for having an inadequate muffler in violation of Vehicle and Traffic Law § 375(31) (see People v. Thomas, 210 A.D.2d 269, 269–270, lv denied 84 N.Y.2d 1039).
Viewing the evidence in light of the elements of the crime as charged to the jury (see People v. Danielson, 9 NY3d 342, 349), we reject defendant's further contention that the verdict is against the weight of the evidence (see People v. Velez, 78 AD3d 1522, 1522; see generally People v. Bleakley, 69 N.Y.2d 490, 495).
Frances E. Cafarell
Clerk of the Court
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Docket No: KA 11–01743
Decided: November 14, 2014
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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