PEOPLE v. FOSTER

Appellate Division of the Supreme Court of New York, Second Department.

Feb 9, 2004

Judgment

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DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention on appeal, the Supreme Court properly denied that branch of his omnibus motion which was to suppress marijuana observed in plain view and other evidence seized from his vehicle after he was lawfully stopped for a traffic violation ( see e.g. People v. Beriguette, 84 N.Y.2d 978; People v. Robinson, 74 N.Y.2d 773, cert denied 493 U.S. 966; People v. Schell, 261 A.D.2d 422; People v. Dougherty, 251 A.D.2d 344) . The testimony of the police officer regarding his observation of the marijuana was not incredible as a matter of law ( see People v. Garafolo, 44 A.D.2d 86).

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.