| People v Lopez |
| 2019 NY Slip Op 02650 [171 AD3d 492] |
| April 9, 2019 |
| 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 Michael Lopez, Appellant. |
Justine M. Luongo, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Judgment, Supreme Court, New York County (Michael R. Sonberg, J. at hearing; Charles H.
Solomon, J. at plea and sentencing), rendered February 28, 2012, convicting defendant of
criminal possession of a weapon in the second degree, and sentencing him to a term of
3
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 NY2d 759, 761 [1977]). An officer's testimony that he saw a revolver in defendant's waistband was not so implausible as to warrant rejection of the hearing court's findings of fact. Concur—Renwick, J.P., Richter, Tom, Kahn, Moulton, JJ.