Opinion
October 21, 1999
Erica M. Fitzgerald for Respondent.
Susan J. Horwitz for Defendant-Appellant.
ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER, FRIEDMAN, JJ.
Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered October 5, 1989, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.
The record supports the court's finding that the stop of the livery cab in which defendant was a passenger was justified by the officer's reasonable interpretation of the cab driver's subtle eye signal towards his passenger, along with a hand gesture, as a distress signal and request for police assistance (see, People v. Otero, 255 A.D.2d 158, lv denied 92 N.Y.2d 1052; People v. Damaceno, 214 A.D.2d 464, lv denied 86 N.Y.2d 734; People v. Hampton, 197 A.D.2d 365,lv denied 82 N.Y.2d 925). The record also supports the court's determinations as to credibility.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.