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People v. Carter

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 2008
49 A.D.3d 377 (N.Y. App. Div. 2008)

Summary

In Carter, there is no information at all beyond the sentence that "the officer saw what appeared, based on his experience, to be an illegal gravity knife clipped to defendant's clothing, and that he did not merely see a clip."

Summary of this case from People v. Herrera

Opinion

No. 3071.

March 13, 2008.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered August 4, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of two years, unanimously affirmed.

Steven Banks, The Legal Aid Society, New York (William B. Carney of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Britta Gilmore of counsel), for respondent.

Before: Saxe, J.P., Gonzalez, Buckley and Acosta, JJ.


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). The record supports the court's finding that the officer saw what appeared, based on his experience, to be an illegal gravity knife clipped to defendant's clothing, and that he did not merely see a clip. We have considered and rejected defendant's remaining arguments.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, First Department
Mar 13, 2008
49 A.D.3d 377 (N.Y. App. Div. 2008)

In Carter, there is no information at all beyond the sentence that "the officer saw what appeared, based on his experience, to be an illegal gravity knife clipped to defendant's clothing, and that he did not merely see a clip."

Summary of this case from People v. Herrera
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DESMOND CARTER…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 13, 2008

Citations

49 A.D.3d 377 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2205
852 N.Y.S.2d 770

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