People v Blackshaw
2005 NY Slip Op 01652 [16 AD3d 159]
March 8, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 18, 2005


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

[*1]Judgments, Supreme Court, New York County (Renee A. White, J., at hearing; Gregory Carro, J., at plea and sentence), rendered October 1, 2003, convicting defendant of criminal possession of a controlled substance in the second degree and bail jumping in the first degree, and sentencing him to consecutive terms of 3 years to life and 1 to 3 years, respectively, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Defendant's additional argument that the police conduct exceeded the lawful scope of a frisk is unpreserved and without merit. Concur—Andrias, J.P., Friedman, Marlow, Gonzalez and Catterson, JJ.