People v. Ross , 550 N.Y.S.2d 410 ( 1990 )


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  • —Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sherman, J.), rendered March 22, 1988, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

    Ordered that the judgment is affirmed.

    The airport search of the defendant’s "carry-on luggage” by means of an X-ray machine was reasonable and constitutionally permissible given the evident danger to the public, the overwhelming governmental interest, and the minimal invasion into personal privacy (see, People v Brown, 113 AD2d 893; see also, People v Price, 54 NY2d 557, 563-564; People v Kuhn, 33 NY2d 203, 209-210). Thus, the hearing court did not err in denying the defendant’s motion to suppress the gun found in that luggage. Mollen, P. J., Mangano, Thompson and Brown, JJ., concur.

Document Info

Citation Numbers: 157 A.D.2d 808, 550 N.Y.S.2d 410, 1990 N.Y. App. Div. LEXIS 694

Filed Date: 1/22/1990

Precedential Status: Precedential

Modified Date: 10/31/2024