People v. Solomon

Appellate Division of the Supreme Court of New York

People v. Solomon

253 A.D.2d 692, 679 N.Y.S.2d 97, 1998 N.Y. App. Div. LEXIS 9666

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

DecidedSeptember 24, 1998

StatusPublished

Cited by1 cases

This text of 253 A.D.2d 692 (People v. Solomon) 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. Solomon, 253 A.D.2d 692, 679 N.Y.S.2d 97, 1998 N.Y. App. Div. LEXIS 9666 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered February 7, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon [693]*693in. the third degree, and sentencing him, as a second violent felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the court’s credibility determinations, which are supported by the record (see, People v Prochilo, 41 NY2d 759, 761). The court’s instruction on the “place of business” exception of Penal Law § 265.02 (4) was correct. Defendant was not in his “place of business” when he stood on the street corner near his cab, ostensibly waiting to escort a customer to the cab (People v Figueroa, 207 AD2d 670; see also, People v Powell, 54 NY2d 524, 531; People v Buckmire, 237 AD2d 151, 152, lv denied 90 NY2d 902).

We perceive no abuse of sentencing discretion and find that the sentence was not based on any inappropriate criteria. Concur — Lerner, P. J., Milonas, Wallach and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered February 7, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon [693]*693in. the third degree, and sentencing him, as a second violent felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the court’s credibility determinations, which are supported by the record (see, People v Prochilo, 41 NY2d 759, 761). The court’s instruction on the “place of business” exception of Penal Law § 265.02 (4) was correct. Defendant was not in his “place of business” when he stood on the street corner near his cab, ostensibly waiting to escort a customer to the cab (People v Figueroa, 207 AD2d 670; see also, People v Powell, 54 NY2d 524, 531; People v Buckmire, 237 AD2d 151, 152, lv denied 90 NY2d 902).

We perceive no abuse of sentencing discretion and find that the sentence was not based on any inappropriate criteria. Concur — Lerner, P. J., Milonas, Wallach and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

253 A.D.2d 692, 679 N.Y.S.2d 97, 1998 N.Y. App. Div. LEXIS 9666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-solomon-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack