Opinion
1994-10756
Argued January 14, 2003.
February 4, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered November 22, 1994, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Grajales, J.), of those branches of the defendant's omnibus motion which were to suppress physical evidence and statements he made to law enforcement officials.
Lynn W. L. Fahey, New York, N.Y. and Cecilia Loving, New York, N.Y. (Jessica A. Golden and Sarah Fleisch Bodack of counsel), for appellant (one brief filed).
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jane S. Meyers, and Joshua Pepper of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention on appeal, the limited security sweep conducted by the police, which revealed a weapon near his person, was reasonable and lawful under the circumstances (see People v. Villalba, 208 A.D.2d 782, 783; People v. Cornielle, 172 A.D.2d 681; People v. Golob, 154 A.D.2d 709; People v. Green, 103 A.D.2d 362). Thus, the Supreme Court properly denied his motion to suppress the weapon and statements he made to the police as fruits of an unlawful seizure (see e.g. People v. White, 259 A.D.2d 400).
RITTER, J.P., GOLDSTEIN, LUCIANO and SCHMIDT, JJ., concur.