Opinion
03-28-2024
In the MATTER OF Q. P., A Person Alleged to Be a Juvenile Delinquent, Corporation Counsel of the City of New York, Petitioner-Respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant. Sylvia O. Hinds-Radix, Corporation Counsel, New York (Eva L. Jerome of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant.
Sylvia O. Hinds-Radix, Corporation Counsel, New York (Eva L. Jerome of counsel), for respondent.
Manzanet-Daniels, J.P., Kapnick, González, Mendez, Pitt-Burke, JJ.
Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about August 8, 2022, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of criminal possession of a weapon in the second degree, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.
[1–3] The court properly denied appellant’s motion to suppress. The police officers lawfully stopped the livery cab in which appellant was a passenger based on probable cause that the driver committed a traffic violation for failing to have properly illuminated license plates (see People v. Dula, 198 A.D.3d 463, 464, 152 N.Y.S.3d 581 [1st Dept. 2021], lv denied 37 N.Y.3d 1159, 160 N.Y.S.3d 720, 181 N.E.3d 1148 [2022], lv denied 37 N.Y.3d 1162, 160 N.Y.S.3d 703, 181 N.E.3d 1131 [2022]). The officers approached the cab, observed marijuana in plain view on the lap of one of the passengers and detected the odor of marijuana. Under the prevailing law at the time, the officers had probable cause to search the occupants (see People v. Salley, 205 A.D.3d 651, 652, 167 N.Y.S.3d 389 [1st Dept. 2022], lv denied 38 N.Y.3d 1153, 174 N.Y.S.3d 21, 194 N.E.3d 728 [2022]). The recovery of the firearm from appellant during the lawful search was therefore proper.