SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 31, 2008
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
LOVELACE JAY YOUNG, DEFENDANT-APPELLANT.
Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered April 8, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree (four counts), criminal possession of a weapon in the third degree (10 counts) and reckless endangerment in the first degree.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., HURLBUTT, GREEN, AND GORSKI, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, four counts of criminal possession of a weapon in the second degree (Penal Law § 265.03 [former (2)]). We previously affirmed the judgments of conviction of three of the co-defendants, rejecting their contention that County Court erred in determining that the police had probable cause to search the van in which they, along with defendant, were passengers (People v Majors, ___ AD3d ___ [Oct. 3, 2008]; People v Hunt, 52 AD3d 1312, lv denied 11 NY3d 737; People v Jackson, 52 AD3d 1318, lv denied 11 NY3d 737), and we similarly reject that contention of defendant raised herein. We further rejected the contention of two of the co-defendants that the police did not have probable cause to stop the van based on the commission of a traffic infraction (Majors, ___ AD3d ___; Hunt, 52 AD3d 1312), and we also reject that contention of defendant raised herein. Finally, the sentence is not unduly harsh or severe.
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