Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered December 8, 2005, upon a verdict convicting defendant of the crime of criminal possession of a weapon in the third degree and the traffic infractions of failure to signal and illegally tinted windows.
Defendant’s motion to suppress the evidence was denied and, following a joint trial with Hawkins, defendant was found guilty of criminal possession of a weapon in the third degree and both charged traffic infractions. Defendant was sentenced to seven years in prison for the weapon conviction and 15 days for each traffic violation.
We do not agree that County Court erred in failing to suppress the evidence seized during the traffic stop. First of all, defendant’s contention that there was insufficient proof to establish any traffic violations is being raised for the first time on appeal and, therefore, not preserved for our review. In any event, Gorr’s unrefuted testimony regarding the traffic violations he observed provided probable cause to warrant a stop of the vehicle, and any underlying investigatory motive behind the stop is immaterial (see People v Robinson, 97 NY2d 341, 349-350 [2001]; People v Douglas, 42 AD3d 756, 757 [2007], lv denied 9 NY3d 922 [2007]).
Furthermore, we find no error in the limited search of the passenger side of the vehicle where the loaded weapon was found. Although defendant and Hawkins were out of the vehicle, neither one was in handcuffs or restrained. Furthermore, the vehicle was followed from a drug trafficking area and Hawkins was a known participant in a recent drag transaction. These circumstances, together with the furtive behavior of both defendant and Hawkins reaching towards the passenger side of the vehicle during the traffic stop, provided a reasonable basis to justify the limited search of the vehicle (see People v Mundo, 99 NY2d 55, 59 [2002]; People v Jones, 39 AD3d 1169, 1171 [2007]).
Next, defendant’s challenge to the legal sufficiency of the evi
Next, we are unpersuaded that the sentence imposed, which was the maximum permitted by statute, was in retaliation for rejecting a plea offer and electing to go to trial. Rather, the record establishes that the sentence imposed was based upon the serious nature of the offense and other information contained in the presentence investigation report. To the extent that defendant challenges the sentence imposed as harsh and excessive, we find no abuse of discretion by County Court nor any extraordinary circumstances warranting a reduction of the sentence in the interest of justice (see People v Wright, 1 AD3d 707 [2003], lv denied 1 NY3d 636 [2004]).
Defendant’s remaining contentions, to the extent that they are preserved for our review, are without merit.
Mercure, Crew III, Carpinello and Kane, JJ., concur. Ordered that the judgment is affirmed.
