Opinion
December 2, 1999
Judgment, Supreme Court, Bronx County (Harold Silverman, J., at suppression hearing; Barbara Newman, J., at jury trial and sentence).
Ashley G. Marsh, for respondent.
Arlen S. Yalkut, for defendant-appellant.
ELLERIN, P.J., ROSENBERGER, NARDELLI, MAZZARELLI, FRIEDMAN, JJ.
Defendant's suppression motion was properly denied. We see no reason to disturb the court's credibility determinations as to the propriety of the officers' stop of the livery cab and as to their plain-view observation of a pistol from a lawful vantage point.
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.