Opinion
No. 476.
May 5, 2009.
Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing; Edwin Torres, J., at plea and sentence), rendered January 16, 2007, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Before: Gonzalez, P.J., Buckley, Catterson, McGUIRE and Renwick, JJ.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's well-reasoned and detailed findings of facts and credibility determinations, which are supported by the record ( see People v Prochilo, 41 NY2d 759, 761). The People established, by clear and convincing evidence, that an occupant of the apartment consented to the police entry ( see People v Gonzalez, 39 NY2d 122). The evidence also supported the court's alternative finding that the officers' entry was justified under the emergency doctrine ( see People v Mitchell, 39 NY2d 173, 177-178, cert denied 426 US 953).
The surcharges and fees were properly imposed ( see People v Guerrero, 12 NY3d 45).