People v. Blackshaw

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2005-03-08
Citations: 16 A.D.3d 159, 790 N.Y.S.2d 386, 2005 N.Y. App. Div. LEXIS 2255
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Lead Opinion

— Judgments, Supreme Court, New York County (Renee A. White, J., at hearing; Gregory Carro, J., at plea and sentence), rendered October 1, 2003, convicting defendant of criminal possession of a controlled substance in the second degree and bail jumping in the first degree, and sentencing him to consecutive terms of 3 years to life and 1 to 3 years, respectively, 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]). Defendant’s additional

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argument that the police conduct exceeded the lawful scope of a frisk is unpreserved and without merit. Concur—Andrias, J.P., Friedman, Marlow, Gonzalez and Catterson, JJ.

People v. Blackshaw - Case Law