People v. Brooks

Appellate Division of the Supreme Court of New York

People v. Brooks

257 A.D.2d 540, 682 N.Y.S.2d 596, 1999 N.Y. App. Div. LEXIS 691

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

DecidedJanuary 28, 1999

StatusPublished

This text of 257 A.D.2d 540 (People v. Brooks) 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. Brooks, 257 A.D.2d 540, 682 N.Y.S.2d 596, 1999 N.Y. App. Div. LEXIS 691 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered December 17, 1996, convicting defendant, after a jury trial, of [541]*541criminal possession of a weapon in the third degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree and unlawful possession of marijuana, and sentencing him, as a second felony offender, to a determinate term of 6 years on the weapon possession conviction, and to terms of 5 to 10 years on the third-degree possession of a controlled substance conviction, and 4 to 8 years on the fourth-degree possession of a controlled substance conviction, all to be served concurrently, and remitting any fine on the marijuana conviction, unanimously affirmed.

The motion to suppress was properly denied. We see no reason to disturb the court’s credibility determinations, and nothing in the record provides a basis for concluding that the officers used the traffic infraction as a pretext to investigate the car for unrelated criminal acts. Concur—Williams, J. P., Lerner, Rubin and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered December 17, 1996, convicting defendant, after a jury trial, of [541]*541criminal possession of a weapon in the third degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree and unlawful possession of marijuana, and sentencing him, as a second felony offender, to a determinate term of 6 years on the weapon possession conviction, and to terms of 5 to 10 years on the third-degree possession of a controlled substance conviction, and 4 to 8 years on the fourth-degree possession of a controlled substance conviction, all to be served concurrently, and remitting any fine on the marijuana conviction, unanimously affirmed.

The motion to suppress was properly denied. We see no reason to disturb the court’s credibility determinations, and nothing in the record provides a basis for concluding that the officers used the traffic infraction as a pretext to investigate the car for unrelated criminal acts. Concur—Williams, J. P., Lerner, Rubin and Saxe, JJ.

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Bluebook (online)

257 A.D.2d 540, 682 N.Y.S.2d 596, 1999 N.Y. App. Div. LEXIS 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brooks-nyappdiv-1999.