NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 15, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DONIELL RAWLINGS, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered September 18, 2007, 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 7 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., Moskowitz, DeGrasse, Manzanet-Daniels, Roman, 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 ). We do not find the police account of the incident implausible.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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