People v. McKelvey

Appellate Division of the Supreme Court of New York

People v. McKelvey

287 A.D.2d 272, 730 N.Y.S.2d 857, 2001 N.Y. App. Div. LEXIS 9324

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

DecidedOctober 9, 2001

StatusPublished

This text of 287 A.D.2d 272 (People v. McKelvey) 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. McKelvey, 287 A.D.2d 272, 730 N.Y.S.2d 857, 2001 N.Y. App. Div. LEXIS 9324 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered November 30, 1998, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, 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 (see, People [273]*273v Prochilo, 41 NY2d 759, 761). The minor inconsistencies in the arresting officer’s testimony did not render such testimony unworthy of belief.

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent felony offender is unpreserved for appellate review and, in any event, is without merit (see, People v Rosen, 96 NY2d 329). Concur — Sullivan, P. J., Nardelli, Williams and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered November 30, 1998, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, 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 (see, People [273]*273v Prochilo, 41 NY2d 759, 761). The minor inconsistencies in the arresting officer’s testimony did not render such testimony unworthy of belief.

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent felony offender is unpreserved for appellate review and, in any event, is without merit (see, People v Rosen, 96 NY2d 329). Concur — Sullivan, P. J., Nardelli, Williams and Mazzarelli, JJ.

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Bluebook (online)

287 A.D.2d 272, 730 N.Y.S.2d 857, 2001 N.Y. App. Div. LEXIS 9324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mckelvey-nyappdiv-2001.

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