People v. Hill

• Docket Number: 2019-05581,Ind. No. 2916/17
• Decision Date: 30 August 2023
• Citation: 2023 NY Slip Op 04456
• Parties: The People of the State of New York, respondent, v. Juwuan Hill, appellant.
• Court: New York Supreme Court — Appellate Division

2023 NY Slip Op 04456

The People of the State of New York, respondent,
v.
Juwuan Hill, appellant.

No. 2019-05581, Ind. No. 2916/17

Supreme Court of New York, Second Department

August 30, 2023

Patricia Pazner, New York, NY (White & Case LLP [Damien Nyer, Sandra Redivo, and Nicholas J. Reem], of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Sholom J. Twersky, and Sawyer White of counsel), for respondent.

MARK C. DILLON, J.P., VALERIE BRATHWAITE NELSON, WILLIAM G. FORD, JANICE A. TAYLOR, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Joanne Quinones, J.), rendered January 2, 2019, convicting him of criminal possession of a forged instrument in the second degree (eight counts), unlawful possession of a skimmer device in the second degree (two counts), criminal possession of a forged instrument in the third degree, and unauthorized use of a motor vehicle in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Deborah A. Dowling, J.), of that branch of the defendant's motion which was to suppress physical evidence.

ORDERED that the judgment is affirmed.

The defendant was charged with, inter alia, criminal possession of a forged instrument in the second and third degrees, unlawful possession of a skimmer device in the second degree, and unauthorized use of a motor vehicle in the third degree, based on traffic stops that occurred on February 24, 2017, and April 12, 2017.

At a suppression hearing, Officer Stephanie Perez testified that on February 24, 2017, she and a sergeant were patrolling in a vehicle when they observed a black Ford Fusion driven by the defendant make a turn without first engaging a turn signal. After Officer Perez stopped the defendant's vehicle, the defendant told Officer Perez that he did not have a driver license. While standing approximately one foot from the defendant's vehicle, Officer Perez detected the odor of marijuana emanating from the vehicle. Thereafter, Officer Perez asked the defendant and the other occupants to exit the vehicle, and she searched the vehicle. Officer Perez recovered, inter alia, a skimmer device from the glove compartment.

Officer John Lewis testified during the suppression hearing that he and another officer were patrolling in a vehicle on April 12, 2017, when they observed a red Hyundai Sonata stopped and idling directly in front of a fire hydrant. After activating the emergency lights on his vehicle, Officer Lewis approached the idling vehicle, observed the defendant seated in the driver's seat holding a lit marijuana cigarette, and detected a strong odor of marijuana. When Officer Lewis asked the defendant for his driver license and...