People v. Rodriguez

265 A.D.2d 181, 696 N.Y.S.2d 42, 1999 N.Y. App. Div. LEXIS 9716

Opinion

—Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered October 5, 1989, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

The record supports the court’s finding that the stop of the livery cab in which defendant was a passenger was justified by the officer’s reasonable interpretation of the cab driver’s subtle eye signal towards his passenger, along with a hand gesture, as a distress signal and request for police assistance (see, People v Otero, 255 AD2d 158, lv denied 92 NY2d 1052; People v Damaceno, 214 AD2d 464, lv denied 86 NY2d 734; People v Hampton, 197 AD2d 365, lv denied 82 NY2d 925). The record also supports the court’s determinations as to credibility. Concur — Rosenberger, J. P., Tom, Mazzarelli, Lerner and Friedman, JJ.