People v Martorell
2008 NY Slip Op 02633 [49 AD3d 426]
March 20, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Victor Martorell, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York City (Lauren Springer of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for respondent.

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered March 30, 2006, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the hearing court's credibility determinations, which are supported by the record (People v Prochilo, 41 NY2d 759, 761 [1977]). The police witness's account of the incident was plausible, and it does not cast doubt on his credibility. Concur—Tom, J.P., Friedman, Nardelli, Catterson and Moskowitz, JJ.