| People v Boyd |
| 2009 NY Slip Op 09244 [68 AD3d 889] |
| December 8, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rasheke Boyd, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley, Andre K. Cizmarik,and Paul E. Dans of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Sullivan,J.), rendered June 14, 2006, convicting him of attempted murder in the second degree (twocounts), robbery in the first degree (four counts), attempted robbery in the first degree, assault inthe first degree (two counts), and assault in the second degree, upon his plea of guilty, andimposing sentence. The appeal brings up for review the denial, after a hearing (Honorof, J.), ofthat branch of the defendant's omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
The defendant's contention that the police did not have probable cause to stop his car isunpreserved for appellate review, as the defendant did not raise this claim at the suppressionhearing (see People v McNair, 45AD3d 872 [2007]; People vRogers, 34 AD3d 504 [2006]). In any event, the stop of the defendant's vehicle waslawful. " '[A]s a general matter, the decision to stop an automobile is reasonable where the policehave probable cause to believe that a traffic violation has occurred' " (People v Sluszka, 15 AD3d 421,423 [2005], quoting People v Robinson, 97 NY2d 341, 348-349 [2001]). The policeofficer's testimony established that he had probable cause to stop the defendant after he observedthe defendant driving through a red light (see Vehicle and Traffic Law § 1111).Rivera, J.P., Miller, Dickerson and Roman, JJ., concur.