Opinion
2014-01-14
The PEOPLE of the State of New York, Respondent, v. Rasheem BROWN, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Desiree Sheridan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi–Levi of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Desiree Sheridan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi–Levi of counsel), for respondent.
Judgment, Supreme Court, New York County (Rena K. Uviller, J. at suppression hearing; Daniel P. FitzGerald, J. at nonjury trial and sentencing), rendered January 7, 2011, convicting defendant of criminal facilitation in the fourth degree, and sentencing him to a term of 30 days, unanimously affirmed.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, including its evaluation of the purported inconsistencies in testimony that defendant asserts on appeal ( see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ). SWEENY, J.P., RENWICK, ANDRIAS, FREEDMAN, FEINMAN, JJ., concur.