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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON DIAZ, Appellant.

Contrary to defendant's contention, the suppression court properly found that the warrantless search of his vehicle was permissible. First, the initial stop of the vehicle was lawful since the police officers observed defendant commit a traffic infraction (People v. Ingle, 36 N.Y.2d 413). Further, the subsequent observation of the empty bullet box provided the police with probable cause to believe that a gun was inside the car and thus the search of the passenger compartment of the car and the glove compartment, which led to the seizure of a loaded and operable gun, was proper (People v. Ellis, 62 N.Y.2d 393; People v. Davis, 182 A.D.2d 770, lv denied 80 N.Y.2d 830; People v. Prevo, 167 A.D.2d 960, lv denied 77 N.Y.2d 910).

Concur — Sullivan, J.P., Wallach, Asch, Nardelli and Williams, JJ.

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PEOPLE v. DIAZ
(Mar 21, 1995)