People v Johnson
2015 NY Slip Op 09361 [134 AD3d 553]
December 17, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2016


[*1]
 The People of the State of New York, Respondent,
v
William Johnson, Appellant.

Office of the Appellate Defender, New York (Richard M. Greenberg of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Diane N. Princ of counsel), for respondent.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J., at hearing; Michael J. Obus, J., at plea and sentencing), rendered December 6, 2012, convicting defendant of two counts of criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 31/2 years, unanimously affirmed.

The court properly denied defendant's suppression motion. The hearing court, which had the advantage of seeing and hearing the arresting officer testify, credited his account of the incident, and we find no basis for disturbing that determination (see People v Prochilo, 41 NY2d 759, 761 [1977]). The events described by the officer were not so inherently implausible as to warrant a different conclusion. Concur—Mazzarelli, J.P., Acosta, Moskowitz and Richter, JJ.