| People v DiSalvo |
| 2012 NY Slip Op 06818 [99 AD3d 811] |
| October 10, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnA. DiSalvo, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Donna Aldea ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.),rendered November 12, 2010, convicting him of criminal possession of a weapon in the seconddegree (four counts), criminal possession of a weapon in the third degree (three counts), andunlawful possession of pistol ammunition, upon his plea of guilty, and imposing sentence. Theappeal brings up for review an order of the same court dated June 18, 2010, which, uponreargument, vacated the determination in an order dated February 22, 2010, after a hearing,granting that branch of the defendant's omnibus motion which was to suppress physical evidence,and thereupon denied that branch of the defendant's motion.
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court,Queens County, for further proceedings pursuant to CPL 460.50 (5).
Contrary to the defendant's contention, the record supports the hearing court's determinationthat the stop of the vehicle in which he was a passenger was based on reasonable suspicion.Accordingly, the Supreme Court, upon reargument, properly vacated its prior determinationgranting that branch of the defendant's motion which was to suppress the physical evidencerecovered, and thereupon denied that branch of the defendant's motion (see People v Argyris,99 AD3d 808 [2012] [decided herewith]). Skelos, J.P., Leventhal, Belen and Roman, JJ.,concur.