People v Estrella

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People v Estrella 2008 NY Slip Op 05962 [10 NY3d 945] July 1, 2008 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 3, 2008

C [*1] The People of the State of New York, Respondent,
v
Luis Estrella, Appellant. City of Rochester, Respondent.

Decided July 1, 2008

People v Estrella, 48 AD3d 1283, affirmed.

APPEARANCES OF COUNSEL

Phillips Lytle LLP, Rochester (Chad W. Flansburg of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Jessica Birkahn Housel of counsel), for People of the State of New York, respondent.

Thomas S. Richards, Corporation Counsel, Rochester (John G. Rizzo and Jeffrey Eichner of counsel), for City of Rochester, respondent.

{**10 NY3d at 945} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.{**10 NY3d at 946}

The courts below did not err in declining to suppress the cocaine recovered from the defendant's car. The record supports the finding that the officer who stopped the car reasonably believed the windows to be over-tinted in violation of Vehicle and Traffic Law § 375 (12-a) (b) (3). The [*2]officer was not chargeable with knowledge that the tinting was legal in Georgia, where the car was registered.

Defendant's other contentions also lack merit.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.