PEOPLE v. McQUEEN (2002)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Delgreco McQUEEN, Defendant-Appellant.

Decided: April 23, 2002

WILLIAMS, P.J., MAZZARELLI, SAXE, LERNER, and MARLOW, JJ.

Jennifer Chung, for Respondent. Melissa Rothstein, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered August 3, 1999, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

Defendant's suppression motion was properly denied. There is no basis upon which 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 credible evidence established that after the police lawfully stopped defendant's vehicle for a traffic infraction, defendant opened his glove compartment, revealing narcotics paraphernalia in open view that provided probable cause for his arrest, and that the remaining contraband was lawfully obtained during a search incident to the arrest.

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