Opinion
664
April 4, 2002.
Judgment, Supreme Court, New York County (William Wetzel, J.), rendered September 27, 2000, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
CHRISTOPHER SANDERS, for respondent.
LAURA I. APPLEMAN, for defendant-appellant.
Before: Mazzarelli, J.P., Andrias, Saxe, Wallach, Marlow, JJ.
Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761). The credibility of the trained and experienced officer concerning his ability to observe the transaction in question through the use of binoculars is supported by the record.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.