Opinion
No. 3056.
March 13, 2008.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered May 22, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of four years, unanimously affirmed.
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Allen J. Vickey of counsel), for respondent.
Before: Lippman, P.J., Andrias, Williams and McGuire, JJ.
The hearing court had an opportunity to observe the demeanor of both the prosecution witnesses and defendant. 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 [1977]).
We perceive no basis for reducing the sentence.