People v Martorell

2008 NY Slip Op 02633 [49 AD3d 426]

March 20, 2008

Appellate Division, First Department

As corrected through Wednesday, May 14, 2008

The People of the State of New York, Respondent, v VictorMartorell, Appellant.

—[*1]Robert S. Dean, Center for Appellate Litigation, New York City (Lauren Springer ofcounsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), forrespondent.

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 thirddegree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimouslyaffirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbingthe hearing court's credibility determinations, which are supported by the record (People vProchilo, 41 NY2d 759, 761 [1977]). The police witness's account of the incident wasplausible, and it does not cast doubt on his credibility. Concur—Tom, J.P., Friedman,Nardelli, Catterson and Moskowitz, JJ.