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THE PEOPLE OF THE STATE OF NEW YORK Respondent, v. WILLIE ASHLEY, Appellant.

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 officers leaning into the stopped car, rather than the officer's permissible use of a flashlight to illuminate the interior ( People v. Desir, 138 A.D.2d 236).

Concur — Murphy, P.J., Sullivan, Nardelli and Tom, JJ.

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PEOPLE v. ASHLEY
(May 29, 1997)