| People v Fernandez |
| 2009 NY Slip Op 02252 [60 AD3d 549] |
| March 24, 2009 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JoseFernandez, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Jaime Bachrach of counsel), forrespondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, J., at suppression hearing;Gregory Carro, J., at plea and sentence), rendered February 27, 2008, convicting defendant ofcriminal possession of a weapon in the third degree, and sentencing him, as a second felonyoffender, to a term of 2 to 4 years, unanimously affirmed.
The court properly denied defendant's suppression motion. We perceive no basis to overturnthe hearing court's findings crediting the officer's testimony (see People v Prochilo, 41NY2d 759, 761 [1977]). The officer, who had extensive experience involving gravity knives,observed the top of a shiny metal knife sticking out of defendant's pants pocket, attached with aclip. According to the officer's testimony, an object bearing this combination of characteristics isat least likely to be a gravity knife, even if the knife's illegal status cannot be determined withouttesting it. Therefore, we conclude the officer had, at least, reasonable suspicion to believe thatdefendant possessed an illegal weapon (see People v Snovitch, 56 AD3d 328 [2008]; People v Carter, 49 AD3d 377[2008], lv denied 10 NY3d 860 [2008]). Being reasonably concerned for his safety, heproperly secured the knife by removing it from defendant's pocket (see People v Batista,88 NY2d 650, 654 [1996]; People v Benjamin, 51 NY2d 267, 271 [1980]). Patting [*2]down defendant's pocket would have served no useful purpose,since the knife was visible and a pat down would have revealed what the officer already knew.Concur—Saxe, J.P., Friedman, Sweeny, Renwick and Freedman, JJ.