| People v Casado |
| 2007 NY Slip Op 06920 [43 AD3d 758] |
| September 25, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v OscarCasado, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), forrespondent.
Judgment, Supreme Court, New York County (John A.K. Bradley, J., at suppression hearing;Budd G. Goodman, J., at plea and sentence), rendered December 9, 2004, convicting defendantof criminal possession of a weapon in the second degree, and sentencing him to a term of3½ years, unanimously affirmed.
The court properly denied defendant's suppression motion. There is no basis for disturbingthe court's credibility determinations, which are supported by the record (see People vProchilo, 41 NY2d 759, 761 [1977]). When Police Officer Coard and other officers, inresponse to a report of a gang fight occurring at a subway station, arrived at the station, OfficerCoard saw about 20 young men fighting. As the officers intervened, some of the participantsdropped box cutters and some fled. The officers were able to detain some 14 of the participants,including defendant, who had a cut on his forehead. Officer Coard also testified that every one ofthe 14 individuals who were detained had been "actively participating in the fight." On thosefacts, the court properly concluded that Officer Coard had reasonable suspicion to stop defendantand to conduct a protective pat down. The officer did not stop defendant on the basis of his merepresence, and the officer's inability to provide any further particulars as to defendant's conduct[*2]does not warrant a different conclusion. During this lawfulstop, defendant attempted to pass a firearm to another person, thereby unquestionably providingprobable cause for his arrest. Concur—Tom, J.P., Saxe, Friedman, Gonzalez and McGuire,JJ.