People v. Carmona

Appellate Division of the Supreme Court of New York

People v. Carmona

2017 NY Slip Op 3275, 149 A.D.3d 670, 50 N.Y.S.3d 880

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

DecidedApril 27, 2017

Docket3863 84N/12

StatusPublished

Cited by2 cases

This text of 2017 NY Slip Op 3275 (People v. Carmona) 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. Carmona, 2017 NY Slip Op 3275, 149 A.D.3d 670, 50 N.Y.S.3d 880 (N.Y. Ct. App. 2017).

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Opinion

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered April 24, 2013, convicting defendant, upon *671 his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of 3V2 years, followed by 3 years of postrelease supervision, 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]). Testimony credited by the court established that an officer observed defendant engaging in what reasonably appeared to be a drug transaction, and that as the officer approached, he detected the odor of PCP (see People v Darby, 263 AD2d 112, 114 [1st Dept 2000], lv denied 95 NY2d 795 [2000]). The officer sufficiently explained his ability to smell the PCP at a distance, and defendant’s arguments to the contrary rest on speculation and factual assertions unsupported by the record.

We perceive no basis for reducing the term of postrelease supervision.

Concur — Sweeny, J.P., Acosta, Renwick, Moskowitz and Kahn, JJ.

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Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered April 24, 2013, convicting defendant, upon *671 his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of 3V2 years, followed by 3 years of postrelease supervision, 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]). Testimony credited by the court established that an officer observed defendant engaging in what reasonably appeared to be a drug transaction, and that as the officer approached, he detected the odor of PCP (see People v Darby, 263 AD2d 112, 114 [1st Dept 2000], lv denied 95 NY2d 795 [2000]). The officer sufficiently explained his ability to smell the PCP at a distance, and defendant’s arguments to the contrary rest on speculation and factual assertions unsupported by the record.

We perceive no basis for reducing the term of postrelease supervision.

Concur — Sweeny, J.P., Acosta, Renwick, Moskowitz and Kahn, JJ.

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Bluebook (online)

2017 NY Slip Op 3275, 149 A.D.3d 670, 50 N.Y.S.3d 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carmona-nyappdiv-2017.

Opinion

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