| People v Brunson |
| 2010 NY Slip Op 03783 [73 AD3d 432] |
| May 4, 2010 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Anthony Brunson, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), forrespondent.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered October 24, 2009,as amended November 10, 2008, convicting defendant, upon his plea of guilty, of attemptedcriminal possession of a weapon in the second degree, and sentencing him, as a second felonyoffender, to a term of four years, unanimously affirmed.
The court properly denied defendant's motion to suppress a handgun recovered from hisapartment. There is no basis for disturbing the court's credibility determinations (see People vProchilo, 41 NY2d 759, 761 [1977]). The People established by clear and convincingevidence that defendant voluntarily consented to the search (see generally People vGonzalez, 39 NY2d 122, 128-131 [1976]). Defendant, an experienced recidivist, wascooperative with the police and signed several documents giving his express consent. The factthat he negotiated the conditions of the search provided further evidence that he knew he had theright to refuse consent, and voluntarily chose to waive it. Concur—Andrias, J.P.,Friedman, Catterson, McGuire and RomÁn, JJ.