People v. Ceballo

Appellate Division of the Supreme Court of New York

People v. Ceballo

304 A.D.2d 396, 756 N.Y.S.2d 850, 2003 N.Y. App. Div. LEXIS 4104

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

DecidedApril 15, 2003

StatusPublished

This text of 304 A.D.2d 396 (People v. Ceballo) 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. Ceballo, 304 A.D.2d 396, 756 N.Y.S.2d 850, 2003 N.Y. App. Div. LEXIS 4104 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Micki Scherer, J., at suppression hearing; John Cataldo, J., at nonjury trial and sentence), rendered December 5, 2001, convicting defendant of criminal possession of a controlled substance in the second and third degrees, and sentencing him, as a second felony offender, to concurrent terms of 6 years to life and 4V2 to 9 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis for disturbing the credibility determinations made by a judicial hearing officer and adopted by the court, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The credible evidence established the legality of the traffic stop. Concur — Buckley, P.J., Rosenberger, Ellerin, Wallach and Lerner, JJ.

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Judgment, Supreme Court, New York County (Micki Scherer, J., at suppression hearing; John Cataldo, J., at nonjury trial and sentence), rendered December 5, 2001, convicting defendant of criminal possession of a controlled substance in the second and third degrees, and sentencing him, as a second felony offender, to concurrent terms of 6 years to life and 4V2 to 9 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis for disturbing the credibility determinations made by a judicial hearing officer and adopted by the court, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The credible evidence established the legality of the traffic stop. Concur — Buckley, P.J., Rosenberger, Ellerin, Wallach and Lerner, JJ.

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Bluebook (online)

304 A.D.2d 396, 756 N.Y.S.2d 850, 2003 N.Y. App. Div. LEXIS 4104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ceballo-nyappdiv-2003.