People v. Prevo

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS PREVO, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 16, 1990

167 A.D.2d 960 (N.Y. App. Div. 1990)

561 N.Y.S.2d 1021

Opinion

November 16, 1990

Appeal from the Onondaga County Court, Cunningham, J.

Present — Dillon, P.J., Callahan, Green, Balio and Davis, JJ.

Judgment unanimously affirmed. Memorandum: The suppression court correctly determined that the stop of defendant's vehicle was based upon reasonable suspicion of criminal activity (see, People v. Johnson, 102 A.D.2d 616, 622-623; United States v. Rickus, 737 F.2d 360). The subsequent observation of the empty holster and ammunition was sufficient to provide the officers with probable cause to search the passenger compartment of the vehicle (see, People v. Ellis, 62 N.Y.2d 393).