People v Richardson

People v Richardson 2014 NY Slip Op 00949 Decided on February 13, 2014 Appellate Division, First Department 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.

Decided on February 13, 2014
Acosta, J.P., Andrias, Saxe, Freedman, Feinman, JJ.
11733

[*1]The People of the State of New York, 49311C/05 Respondent,

v

Arthur Richardson, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Steven J.
Miraglia of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Diane A. Shearer
of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Seth L. Marvin, J. at suppression hearing; Michael A. Gross, J. at plea and sentencing), rendered September 7, 2007, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of two years, unanimously affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, we conclude that the hearing court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations.

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

ENTERED: FEBRUARY 13, 2014

CLERK