Opinion
February 3, 1994
Appeal from the Supreme Court, New York County (Felice Shea, J.).
The suppression of physical evidence was properly denied since the court correctly concluded that probable cause that defendant was engaged in criminal activity existed. The defendant's failure to move his car in traffic at the Lincoln Tunnel, the presence, in plain view, of a large number of glass vials in the back seat of his car, defendant's usage of drug-dealer vernacular and the officer's expertise from past experience in drug arrests combined to support the court's determination (see, People v. Shaw, 193 A.D.2d 390, lv denied 82 N.Y.2d 759). Defendant was also properly resentenced as a predicate felon as the accusatory instrument established that the defendant had committed a crime in New Jersey which would have been considered a felony in New York (see, People v. Gonzalez, 61 N.Y.2d 586, 590-591).
Concur — Murphy, P.J., Rosenberger, Wallach, Asch and Williams, JJ.