| People v Virges |
| 2014 NY Slip Op 04625 [118 AD3d 1445] |
| June 20, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vKenneth S. Virges, Appellant. |
Anthony J. Lana, Buffalo, for defendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Nicholas T. Texido of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.),rendered July 10, 2013. The judgment convicted defendant, upon his plea of guilty, ofcriminal possession of a weapon in the second degree and criminal possession ofmarihuana in the fifth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed andthe matter is remitted to Erie County Court for proceedings pursuant to CPL 460.50(5).
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of criminal possession of a weapon in the second degree (Penal Law§ 265.03 [3]) and criminal possession of marihuana in the fifth degree(§ 221.10 [2]). County Court properly denied defendant's motion tosuppress the evidence seized from his person and vehicle. The police officer had an"objective, credible reason" for approaching defendant's parked vehicle and requestinginformation based on a tip provided by an anonymous informant, who reported that aman was sitting in a gray car smoking marihuana at a certain address (People vOcasio, 85 NY2d 982, 985 [1995]; see People v Boler, 106 AD3d 1119, 1121 [2013]).Defendant's vehicle matched that description and was parked at that address. When thepolice officer smelled marihuana, he had probable cause to search defendant and thevehicle for contraband (seePeople v Robinson, 103 AD3d 421, 421-422 [2013], lv denied 20 NY3d1103 [2013]; People vContant, 90 AD3d 779, 780 [2011], lv denied 18 NY3d 956 [2012]; People v Black, 59 AD3d1050, 1051 [2009], lv denied 12 NY3d 851 [2009]; see generallyArizona v Gant, 556 US 332, 351 [2009]; People v Blasich, 73 NY2d 673,678 [1989]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Whalen,JJ.