Opinion
April 5, 1993
Appeal from the Supreme Court, Kings County (G. Goldstein, J.).
Ordered that the judgment is affirmed.
Upon observing an unidentified occupant of a car that was parked in a desolate, industrial area throw a beer can out of the car window in violation of Vehicle and Traffic Law § 1220 (a), New York City Sanitation Department peace officers approached the car and noticed that the occupants were intoxicated. The officers were therefore justified in asking the occupants of the car in which the defendant was a passenger for identification (see, People v Martinez, 80 N.Y.2d 444; People v De Bour, 40 N.Y.2d 210, 213; People v Holmes, 181 A.D.2d 27). After noticing two machetes, in plain view, on the front floor of the car, the officers were justified in removing and frisking the occupants and conducting a search of the accessible areas of the car's interior (see, Michigan v Long, 463 U.S. 1032, 1050; Pennsylvania v Mimms, 434 U.S. 106; People v Walker, 151 A.D.2d 794; People v Kramer, 132 A.D.2d 572). Thus, the hearing court properly denied the suppression of the gun, which was also found in the vehicle.
Furthermore, the trial court's charge on the statutory presumption of possession of a weapon (see, Penal Law § 265.15) was proper. The trial court correctly instructed the jury on the permissive nature of the presumption and emphasized that the burden of proof remained with the prosecution (see, People v McKenzie, 67 N.Y.2d 695, 697; People v Hines, 173 A.D.2d 730; People v Williams, 136 A.D.2d 132).
We find that the defendant's sentence was neither harsh nor excessive (see, People v Delgado, 80 N.Y.2d 780; People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Balletta, Miller and Pizzuto, JJ., concur.