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People v. Johnson

247 A.D.2d 262 Court N.Y. App. Div. Decision date 1998-02-10 English

Judges Concur — Rosenberger, J. P., Ellerin, Nardelli and Rubin, JJ.

Contents

Majority

p. 262
The People of the State of New York, Respondent, v David Stovell Johnson, Appellant.
[668 NYS2d 362]

Judgment, Supreme Court, Bronx County (Daniel Sullivan, J., at hearing; Arlene Silverman, J., at plea and sentencing), rendered on or about January 25, 1994, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him to a term of 5 years probation, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the hearing court’s credibility determinations, which are supported by the record (see, People v Prochilo, 41 NY2d 759 , 761).

We have considered defendant’s other arguments, including those raised in his pro se supplemental brief, and find them to be without merit.

Concur — Rosenberger, J. P., Ellerin, Nardelli and Rubin, JJ.