People v. Correa

Appellate Division of the Supreme Court of New York

People v. Correa

62 A.D.3d 406, 879 N.Y.S.2d 69

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

DecidedMay 5, 2009

StatusPublished

Cited by1 cases

This text of 62 A.D.3d 406 (People v. Correa) 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. Correa, 62 A.D.3d 406, 879 N.Y.S.2d 69 (N.Y. Ct. App. 2009).

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Opinion

Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing; Edwin Torres, J, at plea and sentence), rendered January 16, 2007, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s well-reasoned and detailed findings of facts and credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d [407]*407759, 761 [1977]). The People established, by clear and convincing evidence, that an occupant of the apartment consented to the police entry (see People v Gonzalez, 39 NY2d 122 [1976]). The evidence also supported the court’s alternative finding that the officers’ entry was justified under the emergency doctrine (see People v Mitchell, 39 NY2d 173, 177-178 [1976], cert denied 426 US 953 [1976]).

The surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 [2009]). Concur—Gonzalez, P.J., Buckley, Catterson, McGuire and Renwick, JJ.

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Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing; Edwin Torres, J, at plea and sentence), rendered January 16, 2007, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s well-reasoned and detailed findings of facts and credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d [407]*407759, 761 [1977]). The People established, by clear and convincing evidence, that an occupant of the apartment consented to the police entry (see People v Gonzalez, 39 NY2d 122 [1976]). The evidence also supported the court’s alternative finding that the officers’ entry was justified under the emergency doctrine (see People v Mitchell, 39 NY2d 173, 177-178 [1976], cert denied 426 US 953 [1976]).

The surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 [2009]). Concur—Gonzalez, P.J., Buckley, Catterson, McGuire and Renwick, JJ.

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Bluebook (online)

62 A.D.3d 406, 879 N.Y.S.2d 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-correa-nyappdiv-2009.

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