People v. Corbett

Appellate Division of the Supreme Court of New York

People v. Corbett

278 A.D.2d 118, 718 N.Y.S.2d 45, 2000 N.Y. App. Div. LEXIS 13988

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

DecidedDecember 19, 2000

StatusPublished

Cited by1 cases

This text of 278 A.D.2d 118 (People v. Corbett) 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. Corbett, 278 A.D.2d 118, 718 N.Y.S.2d 45, 2000 N.Y. App. Div. LEXIS 13988 (N.Y. Ct. App. 2000).

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Opinion

Judgment, Supreme Court, New York County (James Yates, J.), entered October 23, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. Based on the fact that defendant matched a general description of a suspect who had been selling drugs in the area, the police officers had an objective, credible reason to approach defendant and ask where he was coming from. The record supports the court’s finding that defendant’s decision to throw a gun under a car was a calculation formed during the officer’s lawful inquiry (see, People v Boodle, 47 NY2d 398, 404-405, cert denied [119]*119444 US 969; People v Rivera, 175 AD2d 78, 80, lv denied 78 NY2d 1129). We have considered and rejected defendant’s remaining arguments. Concur — Nardelli, J. P., Tom, Mazzarelli, Wallach and Rubin, JJ.

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Judgment, Supreme Court, New York County (James Yates, J.), entered October 23, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record. Based on the fact that defendant matched a general description of a suspect who had been selling drugs in the area, the police officers had an objective, credible reason to approach defendant and ask where he was coming from. The record supports the court’s finding that defendant’s decision to throw a gun under a car was a calculation formed during the officer’s lawful inquiry (see, People v Boodle, 47 NY2d 398, 404-405, cert denied [119]*119444 US 969; People v Rivera, 175 AD2d 78, 80, lv denied 78 NY2d 1129). We have considered and rejected defendant’s remaining arguments. Concur — Nardelli, J. P., Tom, Mazzarelli, Wallach and Rubin, JJ.

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Bluebook (online)

278 A.D.2d 118, 718 N.Y.S.2d 45, 2000 N.Y. App. Div. LEXIS 13988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corbett-nyappdiv-2000.

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