THE PEOPLE OF THE STATE OF NEW YORK, res, v. WILLIAM SMALLS, def-ap

11193. THE PEOPLE OF THE STATE OF NEW YORK, res, v. WILLIAM SMALLS, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), and Weil, Gotshal & Manges LLP, New York (Eric S. Wolfish of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for res ——Judgment, Supreme Court, New York County (Robert M. Stolz, J. at hearing; Daniel McCullough, J. at jury trial and sentencing), rendered June 20, 2011, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

The hearing court properly denied defendant’s suppression motion. At a drug-prone intersection, experienced narcotics officers saw an illegally parked car, in which defendant and his passenger were making movements suggesting that something was being transferred. They then saw defendant close a clear plastic bag with his mouth, get out of the car while holding the bag, open the hood of the car, reach into the engine area and return to the car without the bag. Based on those observations, the police had reasonable suspicion that defendant had engaged in criminal activity, most likely a drug transaction (see e.g. People v. Garcia, 96 AD3d 481 [1st Dept 2012], lv denied 19 NY3d 1025 [2012]). In particular, it was highly suspicious for defendant to apparently secrete a bag under the hood of the car. This behavior was inconsistent with innocent explanations, such as repairing the car. Accordingly, the police conducted a lawful stop for the purpose of investigating criminal activity, and they properly detained and questioned defendant and the passenger.