Opinion
6558.
September 27, 2005.
Order, Supreme Court, Bronx County (Thomas Farber, J.), entered August 24, 2004, which granted defendant's motion to suppress physical evidence, unanimously affirmed.
Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan of counsel), for appellant.
Laura R. Johnson, The Legal Aid Society, New York (Elizabeth B. Emmons of counsel), for respondent.
Before: Buckley, P.J., Mazzarelli, Andrias, Saxe and Williams, JJ.
The court properly granted defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v. Prochilo, 41 NY2d 759, 761). The court chose to discredit police testimony and it credited the defense witness's testimony. That finding was not manifestly erroneous.