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People v. Benjamin

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 2000
268 A.D.2d 486 (N.Y. App. Div. 2000)

Opinion

Argued December 10, 1999

January 18, 2000

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered August 10, 1998, convicting him of criminal possession of stolen property in the third degree and unauthorized use of a vehicle in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Finnegan, J.), of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements made by him to law enforcement officials.

Lynn W. L. Fahey, New York, N.Y. (Sonia Mikolic-Torreira of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicolette J. Caferri, Young C. Lee, and Mitchell Kleinman of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

A police officer who was on patrol as part of the Queens Auto Larceny Unit was justified in approaching the defendant's double-parked vehicle at 1 A.M., upon observing that it had no license plate in the front and a 20-day nonresident temporary plate in the rear window (see, People v. Ocasio, 85 N.Y.2d 982, 985 ;People v. Liverpool, 160 A.D.2d 894, 895 ).

The defendant's remaining contentions do not warrant reversal, as any error was harmless in light of the overwhelming evidence of guilt (see, People v. Crimmins, 36 N.Y.2d 230, 241-242 ).

BRACKEN, J.P., THOMPSON, SULLIVAN, and KRAUSMAN, JJ., concur.


Summaries of

People v. Benjamin

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 2000
268 A.D.2d 486 (N.Y. App. Div. 2000)
Case details for

People v. Benjamin

Case Details

Full title:THE PEOPLE, etc., respondent, v. WINSTON BENJAMIN, appellant. (Ind. No…

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

Date published: Jan 18, 2000

Citations

268 A.D.2d 486 (N.Y. App. Div. 2000)
701 N.Y.S.2d 641

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