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Matter of Marcellius

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 1996
229 A.D.2d 578 (N.Y. App. Div. 1996)

Opinion

July 29, 1996

Appeal from the Family Court, Kings County (McLeod, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

We reject the appellant's contention that the gun recovered from the vehicle in which he was riding should have been suppressed on the basis that the police stop of the vehicle was a pretext to an improper investigation. Here, the evidence adduced at the hearing established that the officer properly stopped the vehicle upon observing that it had a broken taillight and made a left turn without signaling (see, People v. Ellis, 62 N.Y.2d 393; People v. Espinal, 209 A.D.2d 538; see also, People v. Robinson, 74 N.Y.2d 773; People v. Pincus, 184 A.D.2d 666). Furthermore, the officer took an "appropriate safety precaution" by ordering the rear-seat passenger out of the vehicle in light of that passenger's nervous and suspicious behavior (People v. Espinal, supra, at 538; see also, People v McFadden, 194 A.D.2d 567; People v. Pincus, supra; People v Shapiro, 141 A.D.2d 577).

In addition, the court properly refused to apply the exception to the automobile gun possession presumption contained in Penal Law § 265.15 (3) (a), which is applicable when the weapon is found "upon the person of one of the occupants thereon" (see, People v. Verez, 83 N.Y.2d 921; People v. Lemmons, 40 N.Y.2d 505; People v. O'Brien, 212 A.D.2d 741; People v. Scott, 199 A.D.2d 436), and the appellant failed to rebut that presumption (see, People v. McFadden, 194 A.D.2d 567; People v. Delvas, 181 A.D.2d 740). Thompson, J.P., Copertino, Krausman and Florio, JJ., concur.


Summaries of

Matter of Marcellius

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 1996
229 A.D.2d 578 (N.Y. App. Div. 1996)
Case details for

Matter of Marcellius

Case Details

Full title:In the Matter of MARCELLIUS H.R., a Person Alleged to be a Juvenile…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 29, 1996

Citations

229 A.D.2d 578 (N.Y. App. Div. 1996)
646 N.Y.S.2d 154

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