People v. Matos

. Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment of conviction of criminal possession of a weapon in the third degree following a jury trial and seeks review of the order which denied his motion to suppress a .22 revolver seized pursuant to a search warrant. The search warrant was issued upon probable cause (see People v Bartolomeo, 53 NY2d 225 , 234). Although the .22 revolver was not particularly described in the search warrant, it was properly seized when discovered during an inventory search of defendant’s unlocked and open suitcase (see Harris v United States, 331 US 145 , 154; see, also, Warden v Hayden, 387 US 294 ). (Appeal from judgment of Orleans County Court, Miles, J. — criminal possession of a weapon, third degree.) Present — Dillon, P.J., Doerr, Boomer, Green and Schnepp, JJ.