NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 17, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ERNEST BRANNON, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered February 13, 2007, as amended April 19, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 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.
Mazzarelli, J.P., Andrias, Gonzalez, Moskowitz, Renwick, JJ.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 NY2d 759, 761 ). The combination of defendant's suspiciously evasive conduct, the officer's observation that defendant was carrying what was at the least a large and possibly dangerous knife, and defendant's acknowledgment, in response to a proper common-law inquiry, that he had a knife, permitted the officer to conduct a self- protective frisk (see People v Batista, 88 NY2d 650, 654 ; People v Benjamin, 51 NY2d 267, 271 ; see also People v King, 102 AD2d 710 , affd 65 NY2d 702 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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