Opinion
KA 01-00328
February 1, 2002.
Appeal from a judgment of Erie County Court (D'Amico, J.), entered January 11, 2000, convicting defendant upon his plea of guilty of criminal possession of a weapon in the third degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (PAUL J. WILLIAMS, III, OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND BURNS, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02). We reject the contention of defendant that County Court erred in denying his motion to suppress the gun seized from his apartment and his subsequent oral statements. Defendant contends that no exigent circumstances existed to permit the warrantless entry into his apartment, that the gun was not in plain view and that the police lacked consent to enter his apartment. Even assuming, arguendo, that each of those contentions is preserved for our review ( cf., People v. Honeycutt, 267 A.D.2d 1007; People v. Yoon Soo Chang, 189 A.D.2d 843, lv denied 81 N.Y.2d 978), we conclude that they are without merit. The court credited the testimony of the police officer that defendant permitted him to enter the apartment, and that credibility determination is entitled to great weight ( see generally, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Sachs, 280 A.D.2d 966, lv denied 96 N.Y.2d 834).