PEOPLE v. SLATES (2008)

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered November 17, 2006, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 1 1/212 to 3 years, unanimously affirmed.

 The court properly denied defendant's suppression motion.  There is no basis for disturbing 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 [1977] ).  Defendant's furtive behavior in attempting to purchase a MetroCard with multiple credit cards, viewed in light of the arresting officer's training and experience regarding credit card fraud at MetroCard vending machines, justified a level two inquiry, which led to defendant's production of two credit cards and his admission that they did not belong to him, furnishing probable cause for his arrest (see People v. Wilson, 52 A.D.3d 239, 859 N.Y.S.2d 165 [2008], lv. denied 11 N.Y.3d 743, 864 N.Y.S.2d 401, 894 N.E.2d 665 [2008] ).