Opinion
813
April 15, 2003.
Judgment, Supreme Court, New York County (Micki Scherer, J. at suppression hearing; John Cataldo J. at nonjury trial and sentence), rendered December 5, 2001, convicting defendant of criminal possession of a controlled substance in the second and third degrees, and sentencing him, as a second felony offender, to concurrent terms of 6 years to life and 4½ to 9 years, respectively, unanimously affirmed.
Jeffrey W. Davis, for respondent.
David Touger, for defendant-appellant.
Before: Buckley, P.J., Rosenberger, Ellerin, Wallach, Lerner, JJ.
Defendant's suppression motion was properly denied. There is no basis for disturbing the credibility determinations made by a judicial hearing officer and adopted by the court, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761). The credible evidence established the legality of the traffic stop.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.