Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

The People of the State of New York v. Angel De La Rosa

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


March 26, 2013

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ANGEL DE LA ROSA,
DEFENDANT-APPELLANT.

People v Rosa

Decided on March 26, 2013

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., Sweeny, Renwick, Manzanet-Daniels, Roman, JJ.

Judgment, Supreme Court, New York County (Robert M. Stolz, J. at suppression hearing; Daniel P. FitzGerald, J. at plea; Charles Solomon, J. at sentencing), rendered September 22, 2009, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him to a term of nine months, unanimously affirmed.

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 [1977]). The court, which had the unique opportunity to see and hear the witnesses, credited testimony that the police made a lawful traffic stop, smelled marijuana through the car window, and saw cocaine in open view.

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

ENTERED: MARCH 26, 2013

CLERK

20130326

© 1992-2013 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.