People v. Batista

Appellate Division of the Supreme Court of New York

People v. Batista

51 A.D.3d 517, 856 N.Y.S.2d 486

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

DecidedMay 15, 2008

StatusPublished

This text of 51 A.D.3d 517 (People v. Batista) 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. Batista, 51 A.D.3d 517, 856 N.Y.S.2d 486 (N.Y. Ct. App. 2008).

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Opinion

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered May 16, 2007, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of three 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 evidence established that an officer saw defendant obtain a handgun from another person.

We perceive no basis for reducing the sentence. Concur— Mazzarelli, J.P., Friedman, Buckley, Sweeny and Renwick, JJ.

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Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered May 16, 2007, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of three 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 evidence established that an officer saw defendant obtain a handgun from another person.

We perceive no basis for reducing the sentence. Concur— Mazzarelli, J.P., Friedman, Buckley, Sweeny and Renwick, JJ.

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Bluebook (online)

51 A.D.3d 517, 856 N.Y.S.2d 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-batista-nyappdiv-2008.