People v. Brannon

Appellate Division of the Supreme Court of New York

People v. Brannon

60 A.D.3d 498, 875 N.Y.S.2d 62

Appellate Division of the Supreme Court of the State of New York·Decided March 17, 2009·Published

Opinion

Judgment, Supreme Court, New York County (Arlene R. [499] Silverman, J.), rendered February 13, 2007, as amended April 19, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations (see People v Prochilo, 41 NY2d 759, 761 [1977]). The combination of defendant’s suspiciously evasive conduct, the officer’s observation that defendant was carrying what was at the least a large and possibly dangerous knife, and defendant’s acknowledgment, in response to a proper common-law inquiry, that he had a knife, permitted the officer to conduct a self-protective frisk (see People v Batista, 88 NY2d 650, 654 [1996]; People v Benjamin, 51 NY2d 267, 271 [1980]; see also People v King, 102 AD2d 710 [1984], affd 65 NY2d 702 [1985]). Concur— Mazzarelli, J.P., Andrias, Gonzalez, Moskowitz and Renwick, JJ.

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Judgment, Supreme Court, New York County (Arlene R. [499] Silverman, J.), rendered February 13, 2007, as amended April 19, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations (see People v Prochilo, 41 NY2d 759, 761 [1977]). The combination of defendant’s suspiciously evasive conduct, the officer’s observation that defendant was carrying what was at the least a large and possibly dangerous knife, and defendant’s acknowledgment, in response to a proper common-law inquiry, that he had a knife, permitted the officer to conduct a self-protective frisk (see People v Batista, 88 NY2d 650, 654 [1996]; People v Benjamin, 51 NY2d 267, 271 [1980]; see also People v King, 102 AD2d 710 [1984], affd 65 NY2d 702 [1985]). Concur— Mazzarelli, J.P., Andrias, Gonzalez, Moskowitz and Renwick, JJ.

People v. Brannon, 60 A.D.3d 498, 875 N.Y.S.2d 62 (N.Y. Ct. App. 2009).

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Opinion

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