Opinion
570645/16
04-13-2022
The PEOPLE of the State of New York, Respondent, v. Luis MALDONADO, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Steven M. Statsinger, J.), rendered September 8, 2016, affirmed.
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 [1977] ). The officer's initial observation of defendant on a public sidewalk with a "black metal clip" protruding from his right pants pocket that was "about three inches long," provided, at least, a founded suspicion of criminal activity permitting the officer to approach to conduct a common law inquiry of defendant (see People v De Bour , 40 NY2d 210, 220 [1976] ; People v Best , 57 AD3d 279 [2008], lv denied 12 NY3d 756 [2009] ). As the officer approached defendant, he observed "the top of the blade" which had a "little lever," which he recognized as a switchblade. In the circumstances, the officer was permitted to remove the knife from defendant's pocket and, after testing the knife and determining that it was, in fact, a switchblade, to arrest defendant (see People v Miranda, 19 NY3d 912 [2012] ; People v Prude , 166 AD3d 411 [2018], lv denied 32 NY3d 1128 [2018] ; People v Cameron , 122 AD3d 472 [2014], lv denied 26 NY3d 965 [2015] ).
The court also properly denied defendant's motion to suppress his statement that the knife was used for construction. Defendant was not under arrest or handcuffed when he made the statement, the police did not have their guns drawn and did not otherwise create a coercive or police-dominated atmosphere (see Matter of Kwok T., 43 NY2d 213, 219 [1977] ; People v Clarke , 157 AD3d 616 [2018], lv denied 31 NY3d 1080 [2018] ).
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson , 9 NY3d 342, 348-349 [2007] ). The evidence presented at trial by the People, which included the officer's testimony and his demonstration of the operability of the knife, was sufficient to support the factfinder's conclusion that the knife met the statutory definition of a switchblade (see Penal Law § 265.00[4] ; People v Berrezueta , 31 NY3d 1091 [2018] ; People v Parrilla , 112 AD3d 517 [2013], affd 27 NY3d 400 [2016] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
All concur.