People v. Rodriguez

254 A.D.2d 85, 678 N.Y.S.2d 725, 1998 N.Y. App. Div. LEXIS 10661

Opinion

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered January 23, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to 5 years probation, unanimously affirmed.

Defendant’s suppression motion was properly denied. We find no reason to disturb the hearing court’s credibility determinations (People v Prochilo, 41 NY2d 759). The record does not support defendant’s claim that the stop of the taxicab for a traffic violation was a pretext to investigate an unrelated crime. Concur — Lerner, P. J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.