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THE PEOPLE, ETC., RESPONDENT, v. TEOFILO TAVAREZ, APPELLANT. (IND. NO. 96-01295)

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the traffic stop was pretexutal is without merit. The stop was based upon a police officer's observation of the defendant making a left turn without signalling (see, Whren v. United States, 517 U.S. 806; People v. Henry, 258 A.D.2d 473; People v. Dougherty, 251 A.D.2d 344; People v. Alcide, 252 A.D.2d 591). Upon learning that the defendant was driving with a suspended license, the officer had probable cause to arrest the defendant (see, Vehicle and Traffic Law § 511; Penal Law § 10.00; People v. Maldonado, 86 N.Y.2d 631). Suppression of the burglar's tools recovered from the defendant's pants pocket was not warranted as the tools were recovered during a search incident to a lawful arrest (see, People v. Lynch, 254 A.D.2d 503; People v. Valentine, 220 A.D.2d 708).

Contrary to the defendant's contention, the trial court properly disallowed the defense counsel's challenge for cause regarding two prospective jurors (see, People v. Archer, 210 A.D.2d 241; People v. Pagan, 191 A.D.2d 651; People v. Whitmore, 177 A.D.2d 525).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either without merit or do not warrant reversal (see, People v. Crimmins, 36 N.Y.2d 230, 241-242; People v. Ward, 260 A.D.2d 585).

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PEOPLE v. TAVAREZ
(Nov 6, 2000)