Opinion
2013-03-26
The PEOPLE of the State of New York, Respondent, v. Angel DE LA ROSA, Defendant–Appellant.
Richard M. Greenberg, Office of The Appellate Defender, New York (Anastasia Heeger Of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.
Richard M. Greenberg, Office of The Appellate Defender, New York (Anastasia Heeger Of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.
GONZALEZ, P.J., SWEENY, RENWICK, MANZANET–DANIELS, ROMÁN, JJ.
Judgment, Supreme Court, New York County (Robert M. Stolz, J. at suppression hearing; Daniel P. FitzGerald, J. at plea; Charles Solomon, J. at sentencing), rendered September 22, 2009, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him to a term of nine months, unanimously affirmed.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations ( see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ). The court, which had the unique opportunity to see and hear the witnesses, credited testimony that the police made a lawful traffic stop, smelled marijuana through the car window, and saw cocaine in open view.