Opinion
5686 Ind. 3677/11
02-13-2018
The PEOPLE of the State of New York, Respondent, v. Kaubar DOBBINS, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Noreen M. Stackhouse of counsel), for respondent.
Renwick, J.P., Andrias, Kapnick, Gesmer, Moulton, JJ.
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered November 22, 2011, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of two years, unanimously affirmed.
The court properly denied defendant's suppression motion. There is no basis for disturbing the hearing court's credibility determinations (see People v. Prochilo , 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ). Testimony credited by the court established that, regardless of their motivation, the police officers made a lawful vehicle stop based on traffic violations (see People v. Robinson , 97 N.Y.2d 341, 741 N.Y.S.2d 147, 767 N.E.2d 638 [2001] ), and then smelled marijuana emanating from the car, which provided probable cause (see e.g. People v. Rivera , 127 A.D.3d 622, 8 N.Y.S.3d 138 [1st Dept. 2015], lv denied 27 N.Y.3d 968, 36 N.Y.S.3d 629, 56 N.E.3d 909 [2016] ).