People v Snovitch

People v Snovitch 2008 NY Slip Op 08991 [56 AD3d 328] November 18, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

The People of the State of New York, Respondent,
v
Bobbie Snovitch, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sean Pippen of counsel), for respondent.

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered July 18, 2006, convicting defendant, upon her plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing her, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

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 [1977]). The officer, who was experienced with gravity knives, observed what he recognized as such a knife when he saw its clip, its curved top, and part of its blade. This provided the officer with, at least, reasonable suspicion that defendant possessed an illegal weapon (see e.g. People v Carter, 49 AD3d 377 [2008], lv denied 10 NY3d 860 [2008]). Moreover, the officer merely approached defendant, identified himself as a police officer, and told defendant that he was stopping her because of the knife in her pocket. It was only after defendant's hand moved toward the knife that the officer, concerned for his own safety, removed the knife. Concur—Tom, J.P., Andrias, Friedman, Catterson and Acosta, JJ.