People v. McQueen

293 A.D.2d 373, 740 N.Y.S.2d 66, 2002 N.Y. App. Div. LEXIS 4000

Opinion

—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered August 3, 1999, 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.

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 v Prochilo, 41 NY2d 759, 761). The credible evidence established that after the police lawfully stopped defendant’s vehicle for a traffic infraction, defendant opened his glove compartment, revealing narcotics paraphernalia in open view that provided probable cause for his arrest, and that the remaining contraband was lawfully obtained during a search incident to the arrest. Concur—Williams, P.J., Mazzarelli, Saxe, Lerner and Marlow, JJ.