People v. Antonetti

Appellate Division of the Supreme Court of New York

People v. Antonetti

251 A.D.2d 118, 676 N.Y.S.2d 530, 1998 N.Y. App. Div. LEXIS 6896

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 16, 1998

StatusPublished

This text of 251 A.D.2d 118 (People v. Antonetti) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Antonetti, 251 A.D.2d 118, 676 N.Y.S.2d 530, 1998 N.Y. App. Div. LEXIS 6896 (N.Y. Ct. App. 1998).

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Opinion

—Judgments, Supreme Court, Bronx County (George Covington, J.), rendered July 20, 1995, convicting defendant, upon his pleas of guilty, of the crimes of criminal possession of a weapon in the third degree (two counts), and sentencing him, as a second felony offender, to consecutive terms of 3 to 6 years, unanimously affirmed.

Defendant’s suppression motions were properly denied in both cases. Although the hearing court failed to make findings of fact, as is the proper practice (CPL 710.60 [6]), this Court’s examination of the record (People v Denti, 44 AD2d 44, 47) reveals that in each of these unconnected cases involving officers from different commands, defendant was a passenger in a livery cab that was stopped after the police observed an actual traffic infraction. In each case, the police, observing from a lawful vantage point, noticed a handgun in open view. We reject defendant’s contentions that the officers’ testimony was incredible or patently tailored to overcome constitutional objections since there was nothing inherently incredible in the officers’ versions of the incidents (see, People v Gonzalez, 224 AD2d 322). Furthermore, there was no indication that the traffic stops were merely pretextual in nature. Concur — Williams, J. P., Tom, Mazzarelli and Andrias, JJ.

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—Judgments, Supreme Court, Bronx County (George Covington, J.), rendered July 20, 1995, convicting defendant, upon his pleas of guilty, of the crimes of criminal possession of a weapon in the third degree (two counts), and sentencing him, as a second felony offender, to consecutive terms of 3 to 6 years, unanimously affirmed.

Defendant’s suppression motions were properly denied in both cases. Although the hearing court failed to make findings of fact, as is the proper practice (CPL 710.60 [6]), this Court’s examination of the record (People v Denti, 44 AD2d 44, 47) reveals that in each of these unconnected cases involving officers from different commands, defendant was a passenger in a livery cab that was stopped after the police observed an actual traffic infraction. In each case, the police, observing from a lawful vantage point, noticed a handgun in open view. We reject defendant’s contentions that the officers’ testimony was incredible or patently tailored to overcome constitutional objections since there was nothing inherently incredible in the officers’ versions of the incidents (see, People v Gonzalez, 224 AD2d 322). Furthermore, there was no indication that the traffic stops were merely pretextual in nature. Concur — Williams, J. P., Tom, Mazzarelli and Andrias, JJ.

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Bluebook (online)

251 A.D.2d 118, 676 N.Y.S.2d 530, 1998 N.Y. App. Div. LEXIS 6896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-antonetti-nyappdiv-1998.

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