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People v. Correa

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 5, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
OMAR CORREA, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J. at suppression hearing; Edwin Torres, J. at plea and sentence), rendered January 16, 2007, convicting defendant 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.

Gonzalez, P.J., Buckley, Catterson, McGuire, Renwick, JJ.

3493/06

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's well-reasoned and detailed findings of facts and credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The People established, by clear and convincing evidence, that an occupant of the apartment consented to the police entry (see People v Gonzalez, 39 NY2d 122 [1976]). The evidence also supported the court's alternative finding that the officers' entry was justified under the emergency doctrine (see People v Mitchell, 39 NY2d 173, 177-178 [1976], cert denied 426 US 953 [1976]).

The surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090505

© 1992-2009 VersusLaw Inc.



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