Opinion
1104 Ind. No. 1777–17 Case No. 2019–1293
11-28-2023
The PEOPLE of the State of New York, Respondent, v. Gil MALDONADO, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Sarah Chaudhry of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Sarah Chaudhry of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Manzanet–Daniels, J.P., Friedman, Gonza´lez, Pitt–Burke, Higgitt, JJ.
Judgment, Supreme Court, Bronx County (Shari R. Michels, J., on omnibus motion; Julio Rodriguez III, J., at plea and sentencing), rendered September 27, 2018, convicting defendant, upon his plea of guilty, of aggravated unlicensed operation of a vehicle in the first degree, and sentencing him to five years’ probation and a $500 fine, unanimously affirmed.
Even assuming that defendant's suppression claim is not barred by the appeal waiver (see People v. Thomas, 34 N.Y.3d 545, 559–560, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert. denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020] ), the court properly summarily denied defendant's motion to suppress evidence concerning the police's observations of defendant operating the vehicle after the purportedly illegal stop. As an initial matter, the police properly stopped defendant's vehicle for a covered license plate (see Vehicle and Traffic Law § 402[1][b] ; People v. Dula, 198 A.D.3d 463, 464, 152 N.Y.S.3d 581 [1st Dept. 2021], lv denied 37 N.Y.3d 1159, 160 N.Y.S.3d 720, 181 N.E.3d 1148 [2022], lv denied 37 N.Y.3d 1162, 160 N.Y.S.3d 703, 181 N.E.3d 1131 [2022] ). In any event, regardless of the legality of the stop, the post-stop observations of defendant were not suppressible as fruits of unlawful police conduct (see generally People v. Young, 55 N.Y.2d 419, 449 N.Y.S.2d 701, 434 N.E.2d 1068 [1982], cert denied 459 U.S. 848, 103 S.Ct. 107, 74 L.Ed.2d 96 [1982] ; see also People v. Weaver, 12 N.Y.3d 433, 440, 882 N.Y.S.2d 357, 909 N.E.2d 1195 [2009] ), as were defendant's identity and his DMV records (see People v. Tolentino, 14 N.Y.3d 382, 385–386, 900 N.Y.S.2d 708, 926 N.E.2d 1212 [2010], cert granted 562 U.S. 1043, 131 S.Ct. 595, 178 L.Ed.2d 433 [2010], cert dismissed 563 U.S. 123, 131 S.Ct. 1387, 179 L.Ed.2d 470 [2011] ).