Opinion
No. 3128.
March 20, 2008.
Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered March 30, 2006, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for respondent.
Before: Tom, J.P., Friedman, Nardelli, Catterson and Moskowitz, JJ.
The court properly denied defendant's suppression motion. There is no basis for disturbing the hearing court's credibility determinations, which are supported by the record ( People v Prochilo, 41 NY2d 759, 761). The police witness's account of the incident was plausible, and it does not cast doubt on his credibility.