Opinion
No. 3344.
November 9, 2010.
Judgment, Supreme Court, New York County (James A. Yates, J.), rendered June 26, 2008, as amended July 8, 2008, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Matthew T. Murphy of counsel), for respondent.
Before: Concur — Friedman, J.P., Nardelli, DeGrasse, Freedman and Manzanet-Daniels, JJ.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations ( see People v Prochilo, 41 NY2d 759, 761), including its decision to discredit portions of the officer's testimony while crediting other portions that established a lawful stop of the cab in which defendant was riding. We have considered and rejected defendant's remaining arguments.