Opinion
May 7, 1990
Appeal from the County Court, Dutchess County (King, J.).
Ordered that the judgment is affirmed.
Inasmuch as a radio computer check revealed that the license plates on the green Dodge which the police observed the defendant operating were in fact issued for a tan Ford, there was ample justification for the stop of the Dodge (see, People v Ingle, 36 N.Y.2d 413; People v. McClane, 143 A.D.2d 848; People v Villanueva, 137 A.D.2d 852; cf., Vehicle and Traffic Law § 402). In addition, the defendant, who could produce neither a license nor registration, offered to exit his vehicle to walk up the street to get those documents, but then requested permission to reach down to retrieve some "loose change". Under the circumstances, the ensuing police order to the defendant to get out of the vehicle was a reasonable one (see, People v. Livigni, 88 A.D.2d 386, affd 58 N.Y.2d 894; cf., People v. McClane, supra). A police officer was thereafter able to observe the butt of a gun protruding from a crack in the seat, thus providing probable cause for the arrest (see, People v. Harvey, 146 A.D.2d 585). Moreover, there is no basis for disturbing the determination by the County Court to credit the police officer's testimony as to what he could see (see, People v. Prochilo, 41 N.Y.2d 759; People v. Villanueva, supra) and the application to suppress the gun as unlawfully seized was properly denied.
The defendant raises no other contention on appeal. Mangano, P.J., Brown, Kooper and Harwood, JJ., concur.