Opinion
2556.
Decided December 23, 2003.
Judgment, Supreme Court, New York County (John Bradley, J. at hearing; Daniel FitzGerald, J. at plea and sentence), rendered December 19, 2002, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
Eli R. Koppel, for Respondent.
Robert S. Dean, for Defendant-Appellant.
Before: Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ.
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 N.Y.2d 759, 761). The officer's testimony concerning defendant's abandonment of drugs was not inherently implausible.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.