People v. Brunson, 145 A.D.3d 1476 (N.Y. App. Div. 2016). · Go Syfert
People v. Brunson, 145 A.D.3d 1476 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Ross (nyappdiv, 2020-07-24)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Ross
N.Y. App. Div. · 2020 · confidence medium
Contrary to defendant's contention, the vehicle in which defendant was riding was lawfully stopped based upon the police officers' observations of a Vehicle and Traffic Law violation ( see People v Brunson , 145 AD3d 1476, 1477 [4th Dept 2016], lv denied 29 NY3d 947 [2017]).
discussed Cited "see" People v. Holt
N.Y. App. Div. · 2021 · signal: see · confidence high
Contrary to defendant's contention, "regardless of whether the stop was pretextual, it was lawful inasmuch as the police had probable cause to believe that the driver of the vehicle had committed a traffic violation" ( People v Huddleston , 160 AD3d 1359 , 1360 [4th Dept 2018], lv denied 31 NY3d 1149 [2018]; see People v Brunson , 145 AD3d 1476 , 1477 [4th Dept 2016], lv denied 29 NY3d 947 [2017]; People v Donaldson , 35 AD3d 1242, 1243 [4th Dept 2006], lv denied 8 NY3d 984 [2007]).
discussed Cited "see, e.g." Gamble v. Kirkpatrick
E.D.N.Y · 2023 · signal: see also · confidence low
See People v. Ethridge, 175 A.D.3d 552 , 104 N.Y.S.3d 915 (App. Div. 2d Dep’t 2019) (finding that defendant lacked standing to challenge search of vehicle where the defendant “abandoned the vehicle when, after crashing it into several parked cars, he fled from the scene of the accident, leaving the driver’s side door open and the keys in the ignition”); see also People v. Brunson, 145 ----------------- A.D.3d 1476, 1477, 44 N.Y.S.3d 643 (App. Div. 4th Dep’t 2016) (“[D]efendant’s unprovoked flight from the vehicle constituted an abandonment of the vehicle and a waiver of any claim…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Tommy Brunson
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2016.
145 A.D.3d 1476
Carni, Dejoseph, Nemoyer, Scudder, Troutman.
Cited by 3 opinions  |  Published

Appeal from a judgment of the Onondaga County Court[*1477] (Anthony F. Aloi, J.), rendered July 2, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that County Court erred in denying his motion to suppress a handgun that was discovered following a traffic stop and inventory search of the vehicle defendant was operating. We reject that contention.

At the outset, we conclude that the police were justified in stopping the vehicle based upon defendant’s failure to signal his intention to turn for the requisite distance before he turned the vehicle and entered the driveway of a private residence (see Vehicle and Traffic Law § 1163 [b]). To the extent defendant contends that the traffic stop was pretextual and thus unlawful, we reject that contention. It is well settled that a traffic stop is lawful where, as here, a police officer has probable cause to believe that the driver of an automobile has committed a traffic violation, regardless of the primary motivation of the officer (see People v Robinson, 97 NY2d 341, 349 [2001]; People v Binion, 100 AD3d 1514, 1515 [2012], lv denied 21 NY3d 911 [2013]).

We reject defendant’s further contention that he did not abandon his expectation of privacy in the vehicle, and thus that the inventory search of the vehicle was unlawful and the gun should have been suppressed. After defendant stopped the vehicle in the driveway, he exited the vehicle and fled the scene, and the police then conducted an inventory search and found a handgun on the floor of the vehicle. We conclude that the court properly denied defendant’s suppression motion inasmuch as defendant’s unprovoked flight from the vehicle constituted an abandonment of the vehicle and a waiver of any claim to a reasonable expectation of privacy therein (see People v Gonzalez, 25 AD3d 620, 621 [2006], lv denied 6 NY3d 833 [2006]; People v Hanks, 275 AD2d 1008, 1008 [2000], lv denied 95 NY2d 964 [2000]; see generally People v Ramirez-Portoreal, 88 NY2d 99, 110 [1996]).

We also reject defendant’s contention that he was deprived of effective assistance of counsel.during the suppression hearing because his former attorney failed to present testimony from a tenant of the private residence where defendant stopped the vehicle to the effect that people unknown to the tenant[*1478] frequently parked in the driveway. Such testimony would not have changed the outcome of the suppression hearing, and there can be no denial of effective assistance of counsel arising from defense counsel’s failure to make an “argument that has little or no chance of success” (People v Caban, 5 NY3d 143, 152 [2005] [internal quotation marks omitted]). We have considered defendant’s remaining claims of ineffective assistance of counsel, and we conclude that they are without merit.

Present—Carni, J.P., DeJoseph, NeMoyer, Troutman and Scudder, JJ.