| People v Correa |
| 2009 NY Slip Op 03598 [62 AD3d 406] |
| May 5, 2009 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v OmarCorrea, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), forrespondent.
Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing;Edwin Torres, J., at plea and sentence), rendered January 16, 2007, 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. There is no basis for disturbingthe court's well-reasoned and detailed findings of facts and credibility determinations, which aresupported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The Peopleestablished, by clear and convincing evidence, that an occupant of the apartment consented to thepolice entry (see People v Gonzalez, 39 NY2d 122 [1976]). The evidence also supportedthe court's alternative finding that the officers' entry was justified under the emergency doctrine(see People v Mitchell, 39 NY2d 173, 177-178 [1976], cert denied 426 US 953[1976]).
The surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 [2009]).Concur—Gonzalez, P.J., Buckley, Catterson, McGuire and Renwick, JJ.