Opinion
8084.
March 16, 2006.
Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered November 7, 2002, 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 offender, to a term of 4½ to 9 years, unanimously affirmed.
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Mark Marino of counsel), for respondent.
Before: Mazzarelli, J.P., Marlow, Nardelli, Gonzalez and McGuire, JJ., concur.
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 hearing evidence established that the police lawfully stopped defendant for violating the Open Container Law (Administrative Code of City of NY § 10-125 [b]), and that when defendant produced inadequate identification, the police lawfully conducted a protective frisk before transporting him to the precinct to determine his identity and check for warrants. The officer's testimony was sufficiently detailed to permit the court to make a finding that the form of identification defendant produced was inadequate.