| People v Carter |
| 2008 NY Slip Op 02205 [49 AD3d 377] |
| March 13, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Desmond Carter, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), forrespondent.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered August 4, 2005,convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance inthe fourth degree, and sentencing him, as a second felony offender, to a term of two 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]). The record supports the court's finding that the officersaw what appeared, based on his experience, to be an illegal gravity knife clipped to defendant'sclothing, and that he did not merely see a clip. We have considered and rejected defendant'sremaining arguments. Concur—Saxe, J.P., Gonzalez, Buckley and Acosta, JJ.