People v Estrella

2008 NY Slip Op 05962

Decided on July 1, 2008

Court of Appeals

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 1, 2008
No. 186 SSM 20






Submitted by Chad W. Flansburg, for appellant.
Submitted by Jessica Birkahn Housel, for respondent
People of the State of New York.
Submitted by John G. Rizzo, for respondent City of
Rochester.


MEMORANDUM:

The order of the Appellate Division should be affirmed.

The courts below did not err in declining to suppress the cocaine recovered from the defendant's car. The record supports the finding that the officer who stopped the car reasonably believed the windows to be over-tinted in violation of VTL � 375 (12-a) (b) (3). The [*2]officer was not chargeable with knowledge that the tinting was legal in Georgia, where the car was registered.

Defendant's other contentions also lack merit.
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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided July 1, 2008