Opinion
5676.
Decided on October 11, 2011.
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered October 21, 2008, convicting defendant, after a nonjury trial, of attempted grand larceny in the fourth degree, and sentencing him to a term of 1 year, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (William B. Carney of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Mazzarelli, J.P., Friedman, Catterson, Moskowitz, Abdus-Salaam, JJ.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, including its resolution of any inconsistencies in testimony. The hearing evidence clearly established that the officer observed defendant in the act of picking the pocket of a sleeping victim.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.