PEOPLE v. SOLOMON (1998)

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered February 7, 1994, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of 3 1/212 to 7 years, unanimously affirmed.

Defendant's suppression motion was properly denied.   We see no reason to disturb the court's 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).   The court's instruction on the “place of business” exception of Penal Law § 265.02(4) was correct.   Defendant was not in his “place of business” when he stood on the street corner near his cab, ostensibly waiting to escort a customer to the cab (People v. Figueroa, 207 A.D.2d 670, 616 N.Y.S.2d 942;  see also, People v. Powell, 54 N.Y.2d 524, 531, 446 N.Y.S.2d 232, 430 N.E.2d 1285;  People v. Buckmire, 237 A.D.2d 151, 152, 655 N.Y.S.2d 9, lv. denied 90 N.Y.2d 902, 663 N.Y.S.2d 514, 686 N.E.2d 226).

We perceive no abuse of sentencing discretion and find that the sentence was not based on any inappropriate criteria.

MEMORANDUM DECISION.