Opinion
Submitted June 13, 2000
August 30, 2000
Appeal by the defendant from (1) a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered April 10, 1998, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence, and (2) a resentence of the same court, imposed March 1, 1999. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Goldberg Cohn, LLP, Brooklyn, N.Y. (Richard S. Goldberg and Harold J. Pokel of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment and the resentence are affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50(5).
On the facts presented, including information supplied by an identified citizen-informant and the discovery that the defendant was wearing a bulletproof vest, the police possessed probable cause to search the defendant's vehicle for weapons (see, People v. Galak, 81 N.Y.2d 463; People v. Blasich, 73 N.Y.2d 673; People v. Belton, 55 N.Y.2d 49; People v. Branch, 259 A.D.2d 556; People v. Bell, 121 A.D.2d 455). Thus, that branch of the defendant's omnibus motion which was to suppress the weapons found therein was properly denied.
The defendant's remaining contention is without merit (see, People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833; People v. Witherspoon, 66 N.Y.2d 973; People v. Bailey, 179 A.D.2d 662).