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111 A.D.2d 871

People v. Gooden

Appellate Division of the Supreme Court of the State of New York · decided 1985-06-17

Decided 1985-06-17

¶1Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered July 8, 1982, convicting him of attempted criminal possession of a dangerous weapon in the third degree, upon his plea of guilty, and imposing sentence.

¶2Judgment affirmed.

¶3The police had a reasonable basis for stopping defendant’s car, since they observed it traveling at an excessive rate of speed {see, People v Singleton, 41 NY2d 402; People v Ingle, 36 NY2d 413). Furthermore, when, upon approaching defendant to ask for his license and registration, Officer Gaynor observed defendant furtively attempting to secrete something in his crotch, the *872officer was presented with a reasonable suspicion of danger so as to warrant the minimal intrusion of a frisk of defendant (People v Benjamin, 51 NY2d 267). The subsequent seizure of defendant’s gun was, therefore, proper.

¶4Additionally, defendant’s failure to challenge the constitutionality of his prior felony conviction at sentencing constituted a waiver of any allegation of unconstitutionality since he has not shown good cause for his failure to do so (CPL 400.15 [7] [b]).

¶5We have considered defendant’s other contentions and find them to be either unpreserved or without merit. Lazer, J. P., Gibbons, O’Connor and Brown, JJ., concur.

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