People v. Abreu

196 A.D.2d 717, 603 N.Y.S.2d 719, 1993 N.Y. App. Div. LEXIS 8468

Opinion

Judgment, Supreme Court, New York County (Juanita Bing Newton, J.), rendered January 28, 1991, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to 5 years probation, unanimously affirmed.

According the hearing court’s determination of credibility appropriate weight (People v Prochilo, 41 NY2d 759, 761; People v Hernandez, 172 AD2d 466, lv denied 78 NY2d 1077), we conclude that the officer’s testimony that he saw the butt of a gun in defendant’s waist is not incredible as a matter of law, and was not tailored to overcome constitutional objections (see, People v Garafolo, 44 AD2d 86, 88). Concur—Rosenberger, J. P., Wallach, Asch and Rubin, JJ.