People v. Hernandez

27 A.D.3d 292, 811 N.Y.S.2d 640

Opinion

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered November 7, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, 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]). The hearing evidence established that the police lawfully stopped defendant for violating the Open Container Law (Administrative Code of City of NY § 10-125 [b]), and that when defendant produced inadequate identification, the police lawfully conducted a protective frisk before transporting him to the precinct to determine his identity and check for warrants. The officer’s testimony was sufficiently detailed to permit the court to make a finding that the form of identification defendant produced was inadequate. Concur— Mazzarelli, J.P., Marlow, Nardelli, Gonzalez and McGuire, JJ.