Summary
In Estrella, police stopped a vehicle with Georgia license plates believing that its windows were excessively tinted in violation of Vehicle and Traffic Law § 375 (12–a) (b)(4) (People v. Estrella, 48 A.D.3d 1283, 1284–1285, 851 N.Y.S.2d 793 [4th Dept.2008]).
Summary of this case from People v. GuthrieOpinion
Decided July 1, 2008.
APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of that Court, entered February 8, 2008. The Appellate Division, with two Justices dissenting, affirmed a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), which had convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree.
People v Estrella, 48 AD3d 1283, affirmed.
Phillips Lytle LLP, Rochester ( Chad W. Flansburg of counsel), for appellant.
Michael C. Green, District Attorney, Rochester ( Jessica Birkahn Housel of counsel), for People of the State of New York, respondent.
Thomas S. Richards, Corporation Counsel, Rochester ( John G. Rizzo and Jeffrey Eichner of counsel), for City of Rochester, respondent.
Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed.
The courts below did not err in declining to suppress the cocaine recovered from the defendant's car. The record supports the finding that the officer who stopped the car reasonably believed the windows to be over-tinted in violation of Vehicle and Traffic Law § 375 (12-a) (b) (3). The officer was not chargeable with knowledge that the tinting was legal in Georgia, where the car was registered.
Defendant's other contentions also lack merit.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, in a memorandum.