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The People of the State of New York v. William Smith

New York Supreme and/or Appellate Courts Appellate Division, First Department


May 29, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
WILLIAM SMITH,
DEFENDANT-APPELLANT.

People v Smith

Decided on May 29, 2012

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.

Friedman, J.P., Sweeny, Renwick, Freedman, Abdus-Salaam, JJ.

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered July 9, 2009, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of 1½ years, unanimously affirmed.

The court properly denied defendant's suppression motion. The court credited the testimony of two police officers that defendant, upon becoming startled by their presence, spontaneously and voluntarily dropped a plastic bag containing crack cocaine, and there is no basis to disturb the court's credibility determinations (see generally People v Prochilo, 41 NY2d 759, 761 [1977]). There is nothing in the record to support the conclusion that the officers' testimony was tailored to meet constitutional objection (see People v Harris, 186 AD2d 390 [1992], lv denied 80 NY2d 1027 [1992]).

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

ENTERED: MAY 29, 2012

CLERK

20120529

© 1992-2012 VersusLaw Inc.



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