People v. Colon

261 A.D.2d 344, 690 N.Y.S.2d 425, 1999 N.Y. App. Div. LEXIS 5795

Opinion

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered September 24, 1996, convicting defendant, after a jury trial, of attempted assault in the first degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 3 to 9 years, 3 to 9 years and 2Vs to 7 years, respectively, unanimously affirmed.

Defendant’s suppression motion was properly denied. The record supports the court’s rejection, as incredible, of defendant’s testimonial assertion of standing, an issue upon which defendant bore the burden of proof (People v Wesley, 73 NY2d 351, 358-360). Were we to reach any other issues, we would find that the vehicle in question was properly searched pursuant to the automobile exception to the warrant requirement (see, People v Blasich, 73 NY2d 673). Concur — Sullivan, J. P., Tom, Wallach, Lerner and Andidas, JJ.