PEOPLE v. PENA (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Evelyn L. Braun, J.), rendered January 7, 2019, convicting him of criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.  The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED the judgment is affirmed.

On his appeal from the judgment of conviction, the defendant challenges the Supreme Court's denial, after a hearing, of that branch of his omnibus motion which was to suppress physical evidence.

The Supreme Court correctly concluded that the police officers’ stop of the vehicle in which the defendant was a passenger was constitutional (see People v. Argyris, 99 A.D.3d 808, 810, 952 N.Y.S.2d 254, affd 24 N.Y.3d 1138, 3 N.Y.S.3d 711, 27 N.E.3d 425).  The reliable tip of the anonymous 911 caller, who had a sufficient basis of knowledge for the information provided to the police, in conjunction with the police officers’ confirmatory observations, amounted to reasonable suspicion (see People v. Rahman, 85 A.D.3d 1062, 925 N.Y.S.2d 852;  People v. Whittle, 48 A.D.3d 714, 852 N.Y.S.2d 300).

The defendant's challenge to the police search of the vehicle is without merit.  His remaining contention is unpreserved for appellate review and, in any event, without merit.

DILLON, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.