People v. Smith

Judgment, Supreme Court, New York County (Howard Bell, J.), rendered May 24, 1990, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him as a second felony offender to a term of from 4 Vi to 9 years, unanimously affirmed.

Defendant contends that the police officer’s testimony at the suppression hearing was incredible as a matter of law, and that it is implausible that the police stopped the car in which defendant was a passenger solely to issue a summons for littering, after one of the officers observed a great…