Opinion
2022-50101
02-17-2022
The People of the State of New York, Respondent, v. Ali Khan, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Edmead, P.J., Brigantti, Silvera, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Josh E. Hanshaft, J.), rendered March 11, 2019, convicting him, upon his plea of guilty, of driving while intoxicated, and imposing sentence.
Judgment of conviction (Josh E. Hanshaft, J.), rendered March 11, 2019, 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 [1977]). The arresting officer's testimony established that the stop of the defendant's vehicle was lawful, based upon the firsthand observations imparted to him by a fellow officer, the latter having observed defendant speeding and driving straight through an intersection from the left turn only lane (see People v Mitchell, 124 A.D.3d 912, 914 [2015]; People v Green, 13 A.D.3d 646 [2004], lv denied 4 N.Y.3d 831 [2005]). Contrary to defendant's contention, "[a] police witness at a suppression hearing may establish probable cause by personal knowledge, as well as by information supplied by fellow officers" (People v Edwards, 95 N.Y.2d 486, 491 [2000]) and where, as here, the knowledge of the imparting officer was based on his first-hand observations, the People were not required to produce that officer at the suppression hearing in order to satisfy their burden of going forward to establish the legality of the initial stop (see People v Ketcham, 93 N.Y.2d 416, 420 [1999]).
All concur
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.