PEOPLE v. DANIELS

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Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Burnie DANIELS, Defendant-Appellant.

Decided: September 29, 2000

PRESENT:  PIGOTT, JR., P.J., WISNER, SCUDDER and LAWTON, JJ. John E. Tyo, Shortsville, for defendant-appellant. Jeffrey L. Taylor, for plaintiff-respondent.

 The contention of defendant that the police lacked reasonable suspicion to stop his van is without merit.   The officer was authorized to stop defendant's vehicle based on her receipt of information from the dispatcher that the van had recently been involved in criminal activity at a car wash in Bloomfield (see generally, People v. Sobotker, 43 N.Y.2d 559, 564, 402 N.Y.S.2d 993, 373 N.E.2d 1218).   Contrary to the further contention of defendant, the police had probable cause to arrest him based on complainant's identification.   Finally, defendant's van was properly searched.   The automobile exception to the warrant requirement authorizes the search of a vehicle when the police have probable cause to believe that the vehicle contains contraband, evidence of a crime or a weapon (see, People v. Goss, 204 A.D.2d 984, 985, 614 N.Y.S.2d 86, lv. denied 84 N.Y.2d 826, 617 N.Y.S.2d 146, 641 N.E.2d 167).

Judgment unanimously affirmed.

MEMORANDUM: