PEOPLE v. SPOTO

Judgment unanimously affirmed. Memorandum: We conclude that defendant's conviction of three counts of criminal possession of a weapon in the third degree was supported by sufficient evidence (see, People v Poladian, 167 A.D.2d 912, 913, lv denied 77 N.Y.2d 881). We further conclude that there is no basis to disturb the suppression court's determinations that the police officers who had accompanied the City Marshals to evict defendant were lawfully present in defendant's apartment and that the weapon discovered in plain view was lawfully seized (see, People v Davis, 169 A.D.2d 16, 18-19, lv denied 79 N.Y.2d 826).

We have reviewed the remaining contentions raised by defense counsel and defendant pro se and find them to be without merit.