People v. Ashley

Full title: THE PEOPLE OF THE STATE OF NEW YORK Respondent, v. WILLIE ASHLEY, Appellant

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

Date published: May 29, 1997

239 A.D.2d 298 (N.Y. App. Div. 1997)

658 N.Y.S.2d 854

Opinion

May 29, 1997

Appeal from Supreme Court, Bronx County (John Moore, J.).

Defendant's motion to suppress was properly denied. The record does not support defendant's contention that the officer's observation of a revolver in plain view resulted from the officers leaning into the stopped car, rather than the officer's permissible use of a flashlight to illuminate the interior ( People v. Desir, 138 A.D.2d 236).

Concur — Murphy, P.J., Sullivan, Nardelli and Tom, JJ.