People v. Smith

Judgment, Supreme Court, Bronx County (Arlene Silverman, J., at suppression hearing; Gerald Sheindlin, J., at plea and sentence), rendered October 8, 1993, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

Defendant’s claim that the police testimony at the suppression hearing was unbelievable because medical records show that he was shot in the buttocks, and therefore could not have been facing the police during the shootout, as the officers…