Opinion
2004-02876.
December 12, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered March 18, 2004, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Kriendler, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Before: H. Miller, J.P., Krausman, Rivera and Dillon, JJ., concur.
Ordered that the judgment is affirmed.
After a lawful stop of the defendant's vehicle ( see People v. Ingle, 36 NY2d 413, 414-415; People v. Edwards, 222 AD2d 603, 604), the actions by the arresting officer which led to the discovery of the gun were minimally intrusive ( see People v. Vasquez, 106 AD2d 327, 329, affd 66 NY2d 968, cert denied 475 US 1109; see also Matter of William S., 13 AD3d 189), reasonable to control the scene ( see People v. Forbes, 283 AD2d 92, 96), and reasonably related in scope and intensity to the circumstances ( see People v. O'Neal, 248 AD2d 561). Accordingly, the Supreme Court properly allowed the gun into evidence.
The defendant's remaining contention is without merit.