Opinion
10033 Ind. 1533/16
10-10-2019
The PEOPLE of the State of New York, Respondent, v. Luis FAJARDO, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Beulah Agbabiaka of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Diana Wang of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Beulah Agbabiaka of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Diana Wang of counsel), for respondent.
Manzanet–Daniels, J.P., Kern, Oing, Singh, JJ.
Judgment, Supreme Court, New York County (Ruth Pickholz, J. at hearing; Gregory Carro, J. at plea and sentencing), rendered November 15, 2017, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of two to four years, unanimously affirmed.
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 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ). Evidence credited by the court established reasonable suspicion justifying a frisk, along with the ensuing police activity.