People v. Smith

Judgment, Supreme Court, New York County (Maxwell Wiley, J., at suppression hearing; Ruth Pickholz, J., at plea and sentence), rendered May 28, 2008, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of seven years, 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]). After observing the driver commit a traffic…