People v. Braham

The hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress a gun recovered from the defendant’s automobile. The evidence supported the hearing court’s determinations, inter alia, that the gun was in plain view, and that the gun’s discovery was inadvertent (see People v Manganaro, 176 AD2d 354, 355-356 [1991]).

Under the circumstances of this case, the trial court properly instructed the jury on the “automobile presumption” contained in Penal Law § 265.15 (3) (People v Maye, 64 AD3d 795, 795-796 [2009]; see People v Heizman, 127 AD2d 609 [1987]; People…