People v. Tanner

Appellate Division of the Supreme Court of New York

People v. Tanner

10 A.D.3d 561, 781 N.Y.S.2d 741, 2004 N.Y. App. Div. LEXIS 10989

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

DecidedSeptember 23, 2004

StatusPublished

This text of 10 A.D.3d 561 (People v. Tanner) 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. Tanner, 10 A.D.3d 561, 781 N.Y.S.2d 741, 2004 N.Y. App. Div. LEXIS 10989 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, New York County (Micki Scherer, J., at suppression hearing; John E.H. Stackhouse, J., at jury trial and sentence), rendered April 10, 2000, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony offender, to an aggregate term of 6 to 12 years, unanimously affirmed.

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]). The credible evidence, along with reasonable inferences that may be drawn therefrom (see People v Gonzalez, 91 NY2d 909 [1998]) established that defendant was arrested on the basis of the observing officer’s detailed description.

Defendant was properly adjudicated a second felony offender. Defendant did not establish that his predicate felony conviction was unconstitutionally obtained (see People v Harris, 61 NY2d 9 [1983]). On the contrary, the record establishes that defendant, who had already served the agreed-upon sentence, validly waived his right to counsel at his 1990 sentencing proceeding (see People v Mims, 280 AD2d 262 [2001], lv denied 96 NY2d 832 [2001]). Concur—Nardelli, J.E, Mazzarelli, Saxe, Ellerin and Lerner, JJ.

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Judgment, Supreme Court, New York County (Micki Scherer, J., at suppression hearing; John E.H. Stackhouse, J., at jury trial and sentence), rendered April 10, 2000, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony offender, to an aggregate term of 6 to 12 years, unanimously affirmed.

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]). The credible evidence, along with reasonable inferences that may be drawn therefrom (see People v Gonzalez, 91 NY2d 909 [1998]) established that defendant was arrested on the basis of the observing officer’s detailed description.

Defendant was properly adjudicated a second felony offender. Defendant did not establish that his predicate felony conviction was unconstitutionally obtained (see People v Harris, 61 NY2d 9 [1983]). On the contrary, the record establishes that defendant, who had already served the agreed-upon sentence, validly waived his right to counsel at his 1990 sentencing proceeding (see People v Mims, 280 AD2d 262 [2001], lv denied 96 NY2d 832 [2001]). Concur—Nardelli, J.E, Mazzarelli, Saxe, Ellerin and Lerner, JJ.

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Bluebook (online)

10 A.D.3d 561, 781 N.Y.S.2d 741, 2004 N.Y. App. Div. LEXIS 10989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tanner-nyappdiv-2004.

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