People v. Blackshaw

Appellate Division of the Supreme Court of New York

People v. Blackshaw

16 A.D.3d 159, 790 N.Y.S.2d 386, 2005 N.Y. App. Div. LEXIS 2255

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

DecidedMarch 8, 2005

StatusPublished

This text of 16 A.D.3d 159 (People v. Blackshaw) 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. Blackshaw, 16 A.D.3d 159, 790 N.Y.S.2d 386, 2005 N.Y. App. Div. LEXIS 2255 (N.Y. Ct. App. 2005).

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Opinion

— Judgments, Supreme Court, New York County (Renee A. White, J., at hearing; Gregory Carro, J., at plea and sentence), rendered October 1, 2003, convicting defendant of criminal possession of a controlled substance in the second degree and bail jumping in the first degree, and sentencing him to consecutive terms of 3 years to life and 1 to 3 years, respectively, 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]). Defendant’s additional [160]*160argument that the police conduct exceeded the lawful scope of a frisk is unpreserved and without merit. Concur—Andrias, J.P., Friedman, Marlow, Gonzalez and Catterson, JJ.

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— Judgments, Supreme Court, New York County (Renee A. White, J., at hearing; Gregory Carro, J., at plea and sentence), rendered October 1, 2003, convicting defendant of criminal possession of a controlled substance in the second degree and bail jumping in the first degree, and sentencing him to consecutive terms of 3 years to life and 1 to 3 years, respectively, 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]). Defendant’s additional [160]*160argument that the police conduct exceeded the lawful scope of a frisk is unpreserved and without merit. Concur—Andrias, J.P., Friedman, Marlow, Gonzalez and Catterson, JJ.

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Bluebook (online)

16 A.D.3d 159, 790 N.Y.S.2d 386, 2005 N.Y. App. Div. LEXIS 2255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blackshaw-nyappdiv-2005.