People v Carter
2008 NY Slip Op 02205 [49 AD3d 377]
March 13, 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
Desmond Carter, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (William B. Carney of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered August 4, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of two 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]). The record supports the court's finding that the officer saw what appeared, based on his experience, to be an illegal gravity knife clipped to defendant's clothing, and that he did not merely see a clip. We have considered and rejected defendant's remaining arguments. Concur—Saxe, J.P., Gonzalez, Buckley and Acosta, JJ.