Opinion
16416 3130/12.
12-15-2015
The PEOPLE of the State of New York, Respondent, v. Christopher McKINLEY, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered September 11, 2013, convicting defendant, upon his plea of guilty, of two counts of criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of five years, unanimously affirmed.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations. The police stopped defendant's van for traffic violations, smelled marijuana, saw a bag of marijuana in the van, and found two firearms during lawful searches of the van under the automobile exception (see People v. Hurtado, 113 A.D.3d 411, 977 N.Y.S.2d 639 1st Dept.2014, lv. denied 22 N.Y.3d 1199, 986 N.Y.S.2d 420, 9 N.E.3d 915 2014 ). Because the second search, conducted at the precinct, was “reasonably close in time and place to the point of arrest, we conclude that there was no requirement that the police further delay the search to obtain a warrant” (People v. Blasich, 73 N.Y.2d 673, 681, 543 N.Y.S.2d 40, 541 N.E.2d 40 1989; see also People v. Dixon, 107 A.D.3d 530, 967 N.Y.S.2d 71 1st Dept.2013, lv. denied 21 N.Y.3d 1041, 972 N.Y.S.2d 539, 995 N.E.2d 855 2013 ).
We perceive no basis for reducing the sentence.
FRIEDMAN, J.P., ANDRIAS, GISCHE, KAPNICK, JJ., concur.