People v Castillo

2012 NY Slip Op 00528 [91 AD3d 883]

January 24, 2012

Appellate Division, Second Department

As corrected through Tuesday, March 20, 2012

The People of the State of New York, Respondent, v JonathanCastillo, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (A. Alexander Donn of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky,and Marisa K. Glassman of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice,J.), rendered September 14, 2009, convicting him of criminal possession of a weapon in the thirddegree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial,after a hearing, of that branch of the defendant's omnibus motion which was to suppress physicalevidence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court did not err in denying that branchof his omnibus motion which was to suppress physical evidence, as the evidence at thesuppression hearing permitted the Supreme Court to infer that the police officers who stopped thedefendant's vehicle had reasonable suspicion to do so based on the information that they hadreceived minutes earlier from a radio transmission made by another officer (see People v Coleman, 62 AD3d810, 810-811 [2009]; People vWilliams, 52 AD3d 208 [2008]; People v Gonzalez, 50 AD3d 527 [2008]). Dillon, J.P., Lott,Roman and Cohen, JJ., concur.