Narrative Opinion Summary
Judgment unanimously affirmed. Police Officer Maurice LeGuerrier observed a vehicle with two occupants not wearing seat belts and stopped it for a violation of Vehicle and Traffic Law § 1229-c(3). Neither occupant could produce a driver's license or vehicle registration. LeGuerrier intended to take the defendant to the police station for identity verification and to tow the vehicle. During a search of the defendant prior to placing him in the police vehicle, a packet of cocaine was found in his waistband. The court rejected the defendant’s claim that the stop was pretextual, noting there was no indication that the police had pre-determined to stop or arrest him. The defendant did not provide evidence to support his argument regarding seat belt usage. The arrest and subsequent search were deemed lawful under established legal precedents. The appeal is from a judgment of Monroe County Court concerning Criminal Possession of a Controlled Substance in the third degree.
Legal Issues Addressed
Affirmation of Lower Court's Decisionsubscribe to see similar legal issues
Application: The appellate court affirmed the judgment of the Monroe County Court regarding the conviction for Criminal Possession of a Controlled Substance in the third degree.
Reasoning: The appeal is from a judgment of Monroe County Court concerning Criminal Possession of a Controlled Substance in the third degree.
Burden of Proof in Alleging Pretextual Stopsubscribe to see similar legal issues
Application: The defendant failed to provide evidence to support his claim that the vehicle stop was pretextual based on seat belt usage.
Reasoning: The defendant did not provide evidence to support his argument regarding seat belt usage.
Lawfulness of Vehicle Stop and Searchsubscribe to see similar legal issues
Application: The stop and search of the defendant were deemed lawful since there was no indication of pretext or predetermined intent to stop or arrest the defendant.
Reasoning: The court rejected the defendant’s claim that the stop was pretextual, noting there was no indication that the police had pre-determined to stop or arrest him.
Search Incident to Lawful Arrestsubscribe to see similar legal issues
Application: A search conducted incident to a lawful arrest is permissible, leading to the discovery of cocaine during the search of the defendant.
Reasoning: During a search of the defendant prior to placing him in the police vehicle, a packet of cocaine was found in his waistband.
Vehicle and Traffic Law § 1229-c(3) - Seat Belt Violationsubscribe to see similar legal issues
Application: The police officer lawfully stopped the vehicle for a seat belt violation as the occupants were observed not wearing seat belts.
Reasoning: Police Officer Maurice LeGuerrier observed a vehicle with two occupants not wearing seat belts and stopped it for a violation of Vehicle and Traffic Law § 1229-c(3).