People v Glover

People v Glover 2008 NY Slip Op 09474 [57 AD3d 234] December 4, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

The People of the State of New York, Respondent,
v
William Glover, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Jessica A. Yager of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), for respondent.

Judgment, Supreme Court, New York County (Budd G. Goodman, J., at plea and sentence; Laura A. Ward, J., at suppression hearing), rendered December 20, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a forged instrument in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Following this Court's remand (46 AD3d 362 [2007]), the hearing court properly denied defendant's suppression motion. There is no basis for disturbing the credibility determinations made by a judicial hearing officer and adopted by the court, including the finding that the open container violation at issue occurred in a public place and that the arresting officers learned that defendant was wanted on two outstanding warrants. The inventory search of defendant's bag was properly executed pursuant to established Police Department procedure, was supported by sufficient documentation and was not conducted as a ruse to discover incriminating evidence (see People v Johnson, 1 NY3d 252, 256 [2003]). Concur—Mazzarelli, J.P., Andrias, Saxe and Catterson, JJ.