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THE PEOPLE, etc., respondent, v. NOTOTE OSAMUDIAMEN, appellant. (Ind. No. 7654/97)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the hearing court properly denied suppression of his driving records obtained from the New York State Department of Motor Vehicles. The credible testimony of the Taxi and Limousine Commission (hereinafter the TLC) inspector established that he approached the defendant's vehicle, which was at the curb, upon observing that the car had TLC plates but did not have a valid TLC sticker inside the front windshield. Accordingly, under the circumstances, the TLC inspector's interference with the defendant's vehicle was justified (see,People v. Ocasio, 85 N.Y.2d 982 ; People v. Spencer, 84 N.Y.2d 749, cert denied 516 U.S. 905 ; People v. Hollman, 79 N.Y.2d 181 ; People v. DeBour, 40 N.Y.2d 210 ; People v. Ingle, 36 N.Y.2d 413 ).

The defendant's claim that he received ineffective assistance of counsel is without merit (see, People v. Ford, 86 N.Y.2d 397, 404 ;People v. Conklin, 208 A.D.2d 763 ).

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PEOPLE v. OSAMUDIAMEN
(Feb 28, 2000)