Majority
p. 400The People of the State of New York, Respondent, v William White, Appellant. [687 NYS2d 329]
Judgment, Supreme Court, New York County (Colleen McMahon, J., at suppression hearing; William Leibovitz, J., at jury trial and sentence), rendered June 25, 1996, convicting defendant of three counts of robbery in the second degree and one count of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to three concurrent terms of 7½ to 15 years concurrent with a term of 3½ to 7 years, unanimously affirmed.
The record supports the hearing court’s findings ( 169 Misc 2d 295 ) that once the police lawfully entered the main portion of the apartment after obtaining the consent of the lessee, they
p. 401
were authorized to conduct a protective sweep of defendant’s separately subleased room, based on their reasonable belief that one or more of the perpetrators of an armed robbery might be locked inside with a rifle (see, Maryland v Buie, 494 US 325 ; United States v Patrick, 959 F2d 991 [DC Cir]; People v Paez, 202 AD2d 239 , lv denied 84 NY2d 871 ; People v Cornielle, 172 AD2d 681 , lv denied 78 NY2d 964 ). We agree with the hearing court ( 169 Misc 2d 295 , 302, supra) that a protective sweep is not required to be incident to an arrest. Once lawfully in defendant’s room, the police properly seized the rifle discovered in plain view (People v Paez, supra). We have considered and rejected defendant’s remaining arguments, including those grounded in State constitutional law. Concur— Rosenberger, J. P., Nardelli, Williams and Wallach, JJ. (See, 169 Misc 2d 295 .]
Cases cited
- People v. White 169 Misc 2d 295 at 302 p. 400, p. 401
- Maryland v. Buie 494 US 325 p. 401
- People v. Cornielle 172 AD2d 681 p. 401