People v. Fernandez

Judgment, Supreme Court, New York County (A. Kirke Bartley, J., at suppression hearing; Gregory Carro, J., at plea and sentence), rendered February 27, 2008, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. We perceive no basis to overturn the hearing court’s findings crediting the officer’s testimony (see People v Prochilo, 41 NY2d 759, 761 [1977]). The officer, who had extensive experience involving gravity…