| People v Snovitch |
| 2008 NY Slip Op 08991 [56 AD3d 328] |
| November 18, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Bobbie Snovitch, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Sean Pippen of counsel), forrespondent.
Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered July 18,2006, convicting defendant, upon her plea of guilty, of attempted criminal possession of aweapon in the third degree, and sentencing her, as a second felony offender, to a term of 1½to 3 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 officer, who was experienced with gravity knives,observed what he recognized as such a knife when he saw its clip, its curved top, and part of itsblade. This provided the officer with, at least, reasonable suspicion that defendant possessed anillegal weapon (see e.g. People vCarter, 49 AD3d 377 [2008], lv denied 10 NY3d 860 [2008]). Moreover, theofficer merely approached defendant, identified himself as a police officer, and told defendantthat he was stopping her because of the knife in her pocket. It was only after defendant's handmoved toward the knife that the officer, concerned for his own safety, removed the knife.Concur—Tom, J.P., Andrias, Friedman, Catterson and Acosta, JJ.