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Appellate Term, First Department: February 16, 2024

Decision & Orders and Orders on motions filed on:February 14, 2024

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Decision & Orders signed on: February 14, 2024 By: Hagler, P.J., Brigantti, Perez, JJ.

18-065. THE PEOPLE OF THE STATE OF NEW YORK, res v. VICTOR REVI, def-app — Judgment of conviction (Linda Poust Lopez, J., at suppression motion; Harold Adler, J., at plea and sentencing), rendered May 1, 2017, affirmed. The suppression court, adopting the findings of fact and conclusions of law made by a judicial hearing officer [JHO], properly denied defendant’s suppression motion. The stop of defendant’s vehicle was lawful because the police officer had probable cause to believe that defendant violated the Administrative Code proscription against “unreasonable noise” (see Administrative Code of City of NY §24-218), defined as, inter alia, making an “excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities” (Administrative Code §24-203[62]). The officer’s credited testimony established that at 9:26 pm, at the corner of Fordham Road and the Grand Concourse, he heard music so loud that it diverted his attention from his assignment, that he observed the music emanating from defendant’s vehicle that was between one-and-a-half to two blocks away, and that when stopped, defendant asked whether the music was too loud. Rather than being conclusory, the police testimony was sufficiently specific.

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