Opinion
Decided February 10, 1998
Appeal from the Supreme Court, New York County (Daniel FitzGerald, J., at suppression hearing; Alfred Donati, J., at plea and sentencing).
The issues raised by defendant regarding the credibility of the testifying officer were properly placed before the suppression hearing court and we find no reason to disturb its findings (People v. Prochilo, 41 N.Y.2d 759, 761). Reduction of defendant's sentence is not warranted since defendant violated all three terms of the conditional plea agreement and the enhanced sentence was not an abuse of discretion.
Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.