PEOPLE v. LUNA

Ordered that the judgment is affirmed.

The United States Customs Inspector's pat-down search of the defendant, during which he seized a quantity of cocaine, was reasonable in that the Inspector possessed an articulable suspicion that the defendant was concealing contraband (see, People v Materon, 107 A.D.2d 408). The defendant was traveling alone, carrying one suitcase, with few items, appeared overly nervous and agitated and was arriving from a country with a high profile for illegal drug trade. This conduct justified the minimally intrusive pat-down which led to the drug discovery.

The defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter imposed. Under the circumstances of this case, the defendant has no basis to now complain that his sentence was excessive (see, People v Kazepis, 101 A.D.2d 816). Mangano, J.P., Brown, Lawrence and Sullivan, JJ., concur.