Opinion
No. 9172.
October 10, 2006.
Judgment, Supreme Court, New York County (Charles J. Tejada, J., at hearing; Bruce Allen, J., at nonjury trial and sentence), rendered September 14, 2004, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Before: Andrias, J.P., Nardelli, Gonzalez, Sweeny and Catterson, JJ.
The court properly denied 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).