Summary
In Snovitch, this Court did not analyze the lawfulness of the initial stop but appeared to equate it with a request for in-formation in a first-level encounter pursuant to De Bour (40 NY2d at 223), finding that "the officer merely approached defendant, identified himself as a police officer, and told defendant that he was stopping her because of the knife in her pocket."
Summary of this case from People v. HerreraOpinion
No. 4590.
November 18, 2008.
Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered July 18, 2006, convicting defendant, upon her plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing her, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Sean Pippen of counsel), for respondent.
Tom, J.P., Andrias, Friedman, Catterson 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 officer, who was experienced with gravity knives, observed what he recognized as such a knife when he saw its clip, its curved top, and part of its blade. This provided the officer with, at least, reasonable suspicion that defendant possessed an illegal weapon ( see e.g. People v Carter, 49 AD3d 377, lv denied 10 NY3d 860). Moreover, the officer merely approached defendant, identified himself as a police officer, and told defendant that he was stopping her because of the knife in her pocket. It was only after defendant's hand moved toward the knife that the officer, concerned for his own safety, removed the knife.