Opinion
June 8, 2001.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HAYES AND HURLBUTT, JJ.
Judgment unanimously affirmed.
Memorandum:
We previously held this case, reserved decision and remitted the matter to Monroe County Court to determine whether sufficient evidence could be developed at a reconstruction hearing concerning "defendant's mental capacity at the time of trial and, if so, to determine whether defendant was competent to stand trial" ( People v. Marasa, 270 A.D.2d 902, 903). The record supports the court's determination following the reconstruction hearing that the People sustained their burden of demonstrating by a fair preponderance of the evidence defendant's competence to stand trial ( see, People v. Bey, 167 A.D.2d 868; People v. Graham, 139 A.D.2d 789, 789-790, lv denied 72 N.Y.2d 860, 867; People v. Wright, 124 A.D.2d 1015, lv denied 69 N.Y.2d 751). The court properly denied that part of the motion of defendant seeking suppression of his statements and items of tangible evidence seized by the police. The police officer's initial request for information from defendant was "supported by an objective, credible reason, not necessarily indicative of criminality" ( People v. Hollman, 79 N.Y.2d 181, 184). Based upon defendant's response to that initial request, along with information obtained from other sources, "the police possessed a founded suspicion of criminality justifying a common-law inquiry in the form of a request for defendant to consent to a search of [his person]" ( People v. Battaglia, 86 N.Y.2d 755, 756). Finally, after learning that the inspection on defendant's vehicle had expired and that the registration on the vehicle was suspended, the police were authorized to impound it ( see, People v. Valerio, 274 A.D.2d 950, 951, affd 95 N.Y.2d 924, cert denied ___ U.S. ___, 121 S.Ct. 1623) and to conduct an inventory search ( see, People v. Sullivan, 29 N.Y.2d 69, 77). (Resubmission of Appeal from Judgment of Monroe County Court, Maloy, J. — Burglary, 2nd Degree.)