PEOPLE v. CORREA (2009)

Judgment, Supreme Court, New York County (Marcy L. Kahn, J. at suppression hearing;  Edwin Torres, J. at plea and sentence), rendered January 16, 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 2 to 4 years, unanimously affirmed.

The court properly denied defendant's suppression motion.   There is no basis for disturbing the court's well-reasoned and detailed findings of facts and credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ).   The People established, by clear and convincing evidence, that an occupant of the apartment consented to the police entry (see People v. Gonzalez, 39 N.Y.2d 122, 383 N.Y.S.2d 215, 347 N.E.2d 575 [1976] ).   The evidence also supported the court's alternative finding that the officers' entry was justified under the emergency doctrine (see People v. Mitchell, 39 N.Y.2d 173, 177-178, 383 N.Y.S.2d 246, 347 N.E.2d 607 [1976], cert. denied 426 U.S. 953, 96 S.Ct. 3178, 49 L.Ed.2d 1191 [1976] ).

The surcharges and fees were properly imposed (see People v. Guerrero, 12 N.Y.3d 45, 876 N.Y.S.2d 687, 904 N.E.2d 823 [2009] ).