PEOPLE v. CARR (2005)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered March 18, 2004, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.   The appeal brings up for review the denial, after a hearing (Kriendler, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the judgment is affirmed.

After a lawful stop of the defendant's vehicle (see People v. Ingle, 36 N.Y.2d 413, 414-415, 369 N.Y.S.2d 67, 330 N.E.2d 39;  People v. Edwards, 222 A.D.2d 603, 604, 635 N.Y.S.2d 274), the actions by the arresting officer which led to the discovery of the gun were minimally intrusive (see People v. Vasquez, 106 A.D.2d 327, 329, 483 N.Y.S.2d 244, affd. 66 N.Y.2d 968, 498 N.Y.S.2d 788, 489 N.E.2d 757, cert. denied 475 U.S. 1109, 106 S.Ct. 1517, 89 L.Ed.2d 916;  see also Matter of William S., 13 A.D.3d 189, 785 N.Y.S.2d 913), reasonable to control the scene (see People v. Forbes, 283 A.D.2d 92, 96, 728 N.Y.S.2d 64), and reasonably related in scope and intensity to the circumstances (see People v. O'Neal, 248 A.D.2d 561, 670 N.Y.S.2d 201).   Accordingly, the Supreme Court properly allowed the gun into evidence.

The defendant's remaining contention is without merit.