People v. Johnson

OPINION OF THE COURT

Judgment of conviction rendered December 13, 2002 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]). The record supports the court’s holding that, in the course of lawfully investigating a radio report of an assault in progress, the arresting police officer saw, in plain view, what immediately appeared to be (and in fact was) the butt of an automatic weapon on the floorboard behind the driver’s seat of…