Summary
In Carter, there is no information at all beyond the sentence that "the officer saw what appeared, based on his experience, to be an illegal gravity knife clipped to defendant's clothing, and that he did not merely see a clip."
Summary of this case from People v. HerreraOpinion
No. 3071.
March 13, 2008.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered August 4, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of two years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (William B. Carney of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.
Before: Saxe, J.P., Gonzalez, Buckley and Acosta, JJ.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v Prochilo, 41 NY2d 759, 761). The record supports the court's finding that the officer saw what appeared, based on his experience, to be an illegal gravity knife clipped to defendant's clothing, and that he did not merely see a clip. We have considered and rejected defendant's remaining arguments.