People v Lurch
2018 NY Slip Op 08075 [166 AD3d 535]
November 27, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 2, 2019


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

Robert S. Dean, Center for Appellate Litigation, New York (Allison N. Kahl of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Eric Del Pozo of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J. at suppression hearing; Roger S. Hayes, J. at plea and sentencing), rendered June 2, 2016, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to a term of 31/2 years, unanimously affirmed.

The court properly denied defendant's motion to suppress a pistol that the police saw in his waistband. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 NY2d 759, 761 [1977]), including its resolution of alleged inconsistencies. The officer's account of the events leading up to defendant's arrest was not so implausible as to require a different conclusion. Concur—Friedman, J.P., Mazzarelli, Kern, Oing, Singh, JJ.