People v. Slates

Appellate Division of the Supreme Court of New York

People v. Slates

57 A.D.3d 266, 870 N.Y.2d 239

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 2008·Published

Opinion

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Defendant’s furtive behavior in attempting to purchase a MetroCard with multiple credit cards, viewed in light of the arresting officer’s training and experience regarding credit card fraud at MetroCard vending machines, justified a level two inquiry, which led to defendant’s production of two credit cards and his admission that they did not belong to him, furnishing probable cause for his arrest (see People v Wilson, 52 AD3d 239 [2008], lv denied 11 NY3d 743 [2008]). Concur—Tom, J.P., Gonzalez, Nardelli, Moskowitz and Renwick, JJ.

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The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Defendant’s furtive behavior in attempting to purchase a MetroCard with multiple credit cards, viewed in light of the arresting officer’s training and experience regarding credit card fraud at MetroCard vending machines, justified a level two inquiry, which led to defendant’s production of two credit cards and his admission that they did not belong to him, furnishing probable cause for his arrest (see People v Wilson, 52 AD3d 239 [2008], lv denied 11 NY3d 743 [2008]). Concur—Tom, J.P., Gonzalez, Nardelli, Moskowitz and Renwick, JJ.

People v. Slates, 57 A.D.3d 266, 870 N.Y.2d 239 (N.Y. Ct. App. 2008).

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Opinion

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