People v. Faison

• Court: New York Supreme Court Appellate Division
• Writing for the Court: BRACKEN
• Citation: 701 N.Y.S.2d 639
• Parties: 2000 N.Y. Slip Op. 732 The PEOPLE, etc., respondent, v. Terrence FAISON, appellant.
• Decision Date: 18 January 2000

Page 639

701 N.Y.S.2d 639 2000 N.Y. Slip Op. 732 The PEOPLE, etc., respondent,
v.
Terrence FAISON, appellant. Supreme Court, Appellate Division,
Second Department, New York. Jan. 18, 2000.

Elizabeth S. Ostrow, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Jacqueline M. Linares of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered April 1, 1997, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (D'Emic, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the judgment is affirmed.

The hearing court correctly denied that branch of the defendant's omnibus motion which was to suppress physical evidence. The hearing court's determination rested largely upon its assessment of the credibility of the testifying officer and is entitled to great deference (see, People v. Prochilo, 41 N.Y.2d 759, 395 N.Y.S.2d 635, 363 N.E.2d 1380). Since the hearing court's conclusion is amply supported by the credible evidence adduced at the suppression hearing, it will not be disturbed (see, People v. Garafolo, 44 A.D.2d 86, 353 N.Y.S.2d 500).

The trial court's plea allocution was sufficient to establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal from all aspects of the proceedings but the evidentiary suppression issue. Accordingly, we do not reach the defendant's remaining contentions (see, People v. Kemp, --- N.Y.2d ----, --- N.Y.S.2d ----, --- N.E.2d ----, 1999 WL 1083893 [Dec. 2, 1999]; People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Robinson, 188 A.D.2d 622, 591 N.Y.S.2d 474).

BRACKEN, J.P., THOMPSON, SULLIVAN, and KRAUSMAN, JJ., concur.