THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ANTONIO PACE DEFENDANT APPELLANT (2016)

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 weapon in the second degree (Penal Law § 265.03 [3] ) and criminal possession of a weapon in the third degree (§ 265.02[3] ), defendant contends that Supreme Court erred in refusing to suppress a handgun and his oral statements to the police.  We reject that contention.  The police were entitled to arrest defendant for a violation of the local open container ordinance committed in their presence (see People v. Taylor, 294 A.D.2d 825, 825;  People v. Bothwell, 261 A.D.2d 232, 234–235, lv denied 93 N.Y.2d 1026;  see generally CPL 140.10[1][a];  People ex rel. Johnson v New York State Div. of Parole, 299 A.D.2d 832, 834, lv denied 99 N.Y.2d 508), and the police were authorized to search defendant's person incident to his lawful arrest (see People v. Williams, 39 AD3d 1269, 1270, lv denied 9 NY3d 871;  Johnson, 299 A.D.2d at 834;  Taylor, 294 A.D.2d at 826).  The sentence is not unduly harsh or severe.

Frances E. Cafarell

Clerk of the Court