| People v Warfield |
| 2008 NY Slip Op 07965 [55 AD3d 406] |
| October 21, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Robert K. Warfield, Appellant. |
—[*1]
Robert M. Morgenthau, District Attorney, New York (Edward A. Jayetileke of counsel), for
respondent.
Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered October 9, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of 3½ years, 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]). We do not find the police testimony at the suppression hearing to be implausible or materially inconsistent with the testimony before the grand jury. Defendant's behavior provided a sufficient basis for the protective actions taken by the officers (see People v Benjamin, 51 NY2d 267, 271 [1980]). Concur—Tom, J.P., Gonzalez, Williams, Moskowitz and Freedman, JJ.