NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
May 5, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
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.
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 ). 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 ). 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 , cert denied 426 US 953 ).
The surcharges and fees were properly imposed (see People v Guerrero, 12 NY3d 45 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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