Opinion
July 8, 1991
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
The evidence adduced at the suppression hearing established that the arresting officer's decision to pull over the defendant's motorcycle was premised upon his reasonable belief that the motorcycle was being operated without a rear license plate in violation of Vehicle and Traffic Law § 402 (1). Moreover, the arresting officer's testimony was neither incredible as a matter of law nor supportive of the defendant's present contention that the stop was employed as a pretext to investigate unrelated criminal activity (see, People v Ricciardi, 149 A.D.2d 742; see also, People v Francois, 155 A.D.2d 685, 686; cf., People v Llopis, 125 A.D.2d 416).
Finally, the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Kooper, Miller and O'Brien, JJ., concur.