NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 9, 2008
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
GREGORY SLATES, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered November 17, 2006, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 11/2 to 3 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Tom, J.P., Gonzalez, Nardelli, Moskowitz, Renwick, JJ.
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 ). Defendant's furtive behavior in attempting to purchase a MetroCard with multiple credit cards, viewed in light of the arresting officer's training and experience regarding credit card fraud at MetroCard vending machines, justified a level two inquiry, which led to defendant's production of two credit cards and his admission that they did not belong to him, furnishing probable cause for his arrest (see People v Wilson, 52 AD3d 239 , lv denied 11 NY3d 743 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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