2008 NY Int. 118

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This opinion is uncorrected and subject to revision before publication in the Official Reports.

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2008 NY Slip Op 05962

Decided on July 1, 2008

No. 186 SSM 20

The People & c., Respondent,

v

Luis Estrella, Appellant.

City of Rochester, Respondent.

Submitted by Chad W. Flansburg, for appellant.

Submitted by Jessica Birkahn Housel, for respondent

People of the State of New York.

Submitted by John G. Rizzo, for respondent City of

Rochester.

MEMORANDUM

The order of the Appellate Division should be affirmed.

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 VTL § 375 (12-a) (b) (3). The 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.

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided July 1, 2008