People v. Ashley

239 A.D.2d 298, 658 N.Y.S.2d 854, 1997 N.Y. App. Div. LEXIS 5725

Opinion

Judgment, Supreme Court, Bronx County (John Moore, J.), rendered May 30, 1995, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s motion to suppress was properly denied. The record does not support defendant’s contention that the officer’s observation of a revolver in plain view resulted from the officer’s leaning into the stopped car, rather than the officer’s permissible use of a flashlight to illuminate the interior (People v Desir, 138 AD2d 236). Concur—Murphy, P. J., Sullivan, Nardelli and Tom, JJ.