PEOPLE v. WILSON (2023)

DECISION & ORDER

Appeals by the defendant from two judgments of the Supreme Court, Kings County (Sharen D. Hudson, J.), both rendered May 20, 2019, convicting him of criminal possession of a weapon in the third degree under Indictment No. 10006/17, and reckless endangerment in the first degree under Superior Court Information No. 2916/19, upon his pleas of guilty, and imposing sentences.  The appeal from the judgment rendered under Indictment No. 10006/17 brings up for review the denial, after a hearing (Miriam Cyrulnik, J.), of those branches of the defendant's omnibus motion which were to suppress his statements to law enforcement officials and physical evidence.

ORDERED that the judgments are affirmed.

The defendant was convicted, upon his pleas of guilty, of criminal possession of a weapon in the third degree under Indictment No. 10006/17, and reckless endangerment in the first degree under Superior Court Information No. 2916/19.

The Supreme Court properly denied those branches of the defendant's omnibus motion which were to suppress his statements to law enforcement officials and physical evidence.  Credibility determinations of a hearing court are entitled to great deference on appeal, and will not be disturbed unless they are clearly unsupported by the record (see People v. Saka, 197 A.D.3d 1331, 1332, 151 N.Y.S.3d 906;  People v. Purnell, 166 A.D.3d 814, 815–816, 88 N.Y.S.3d 86).  Here, the arresting officer testified at the suppression hearing, inter alia, that, after making eye contact with the defendant, he saw the defendant shrug his shoulders, then heard a sound like metal hitting the floor, and then observed a gun on the ground next to where the defendant had been standing.  Contrary to the defendant's contentions, the officer's testimony was not inherently incredible or patently tailored to meet constitutional objections (see People v. Biggs, 208 A.D.3d 1340, 1343, 175 N.Y.S.3d 117;  People v. Barnes, 129 A.D.3d 981, 982, 11 N.Y.S.3d 669;  People v. Anderson, 91 A.D.3d 789, 789, 937 N.Y.S.2d 109;  cf.  People v. Harris, 192 A.D.3d 151, 163–164, 138 N.Y.S.3d 593).  In exercising our factual review power, we find no basis to disturb the court's determination to credit the officer's testimony (see People v. Anderson, 91 A.D.3d at 789–790, 937 N.Y.S.2d 109;  see also People v. Noble, 211 A.D.3d 970, 971, 180 N.Y.S.3d 262;  People v. Moore, 166 A.D.3d 654, 654, 86 N.Y.S.3d 224).

The sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

Accordingly, we affirm the judgments of conviction.

DUFFY, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.