Opinion
7906.
February 21, 2006.
Amended judgment, Supreme Court, New York County (Michael J. Obus, J., at suppression hearing; Arlene R. Silverman, J., at jury trial and sentence), rendered November 15, 2004, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Peter Theis of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Gary S. Snitow of counsel), for respondent.
Before: Tom, J.P., Mazzarelli, Andrias, Nardelli and Malone, JJ., concur.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v. Prochilo, 41 NY2d 759, 761).