PEOPLE v. TAVAREZ (2000)

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered April 6, 1998, convicting him of burglary in the second degree, possession of burglar's tools, petit larceny, aggravated unlicensed operation of a motor vehicle, and failure to signal, upon a jury verdict, and imposing sentence.   The appeal brings up for review the denial, after a hearing (Dillon, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the judgment is affirmed.

 The defendant's contention that the traffic stop was pretextual is without merit.   The stop was based upon a police officer's observation of the defendant making a left turn without signalling (see, Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89;  People v. Henry, 258 A.D.2d 473, 685 N.Y.S.2d 100;  People v. Dougherty, 251 A.D.2d 344, 673 N.Y.S.2d 742;  People v. Alcide, 252 A.D.2d 591, 676 N.Y.S.2d 216).   Upon learning that the defendant was driving with a suspended license, the officer had probable cause to arrest the defendant (see, Vehicle and Traffic Law § 511 [1];  Penal Law § 10.00[4];  People v. Maldonado, 86 N.Y.2d 631, 635 N.Y.S.2d 155, 658 N.E.2d 1028).   Suppression of the burglar's tools recovered from the defendant's pants pocket was not warranted as the tools were recovered during a search incident to a lawful arrest (see, People v. Lynch, 254 A.D.2d 503, 680 N.Y.S.2d 112;  People v. Valentine, 220 A.D.2d 708, 632 N.Y.S.2d 663).

Contrary to the defendant's contention, the trial court properly disallowed the defense counsel's challenge for cause regarding two prospective jurors (see, People v. Archer, 210 A.D.2d 241, 619 N.Y.S.2d 738;  People v. Pagan, 191 A.D.2d 651, 595 N.Y.S.2d 486;  People v. Whitmore, 177 A.D.2d 525, 575 N.Y.S.2d 914).   The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either without merit or do not warrant reversal (see, People v. Crimmins, 36 N.Y.2d 230, 241-242, 367 N.Y.S.2d 213, 326 N.E.2d 787;  People v. Ward, 260 A.D.2d 585, 688 N.Y.S.2d 631).

MEMORANDUM BY THE COURT.