It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Contrary to the contention of defendant, Supreme Court properly denied his motion to suppress evidence obtained as the result of a police officer's stop of his truck. The officer had probable cause to believe that defendant was operating an unregistered vehicle, and thus the stop did not constitute an unlawful seizure under the US Constitution ( see, Whren v. United States, 517 U.S. 806, 810) or the N.Y. Constitution ( see, People v. Robinson, 97 N.Y.2d 341 [decided Dec. 18, 2001]).
We agree with defendant that the court erred in considering Grand Jury minutes in determining the suppression motion ( see, People v. Gunderson, 255 A.D.2d 454). Having reviewed the Grand Jury minutes, however, we conclude that the error is harmless. Those minutes contain no evidence material to the suppression hearing issues different from or additional to the suppression hearing evidence, and thus there is no reasonable possibility that the error might have contributed to the conviction ( see, People v. Crimmins, 36 N.Y.2d 230, 237).
Defendant failed to preserve for our review his further contention that the court improperly considered a prior acquittal in sentencing him ( see, People v. Harrison, 82 N.Y.2d 693), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).