People v. Smith

*303Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered March 31, 2006, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s request for an opportunity to call the arresting officer’s partner at the suppression hearing, since it was based on mere speculation, derived from defendant’s hearing testimony, which the hearing court properly found incredible,…