People v. Lurch

2018 NY Slip Op 8075

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 27, 2018
• Docket: 7702 1898/15
• Status: Published

Opinion

People v Lurch (2018 NY Slip Op 08075)

People v Lurch

2018 NY Slip Op 08075

Decided on November 27, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 27, 2018
Friedman, J.P., Mazzarelli, Kern, Oing, Singh, JJ.

7702 1898/15

[*1]The People of the State of New York, Respondent,

v

Robert Lurch, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Allison N. Kahl of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Eric Del Pozo of counsel), for respondent.

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J. at suppression hearing; Roger S. Hayes, J. at plea and sentencing), rendered June 2, 2016, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him to a term of 3½ years, unanimously affirmed.

The court properly denied defendant's motion to suppress a pistol that the police saw in his waistband. There is no basis for disturbing the court's credibility determinations (see People v Prochilo , 41 NY2d 759, 761 [1977]), including its resolution of alleged inconsistencies. The officer's account of the events

leading up to defendant's arrest was not so implausible as to require a different conclusion.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 27, 2018

CLERK