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People v. Restivo

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 2010
69 A.D.3d 478 (N.Y. App. Div. 2010)

Opinion

No. 1995.

January 19, 2010.

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered January 29, 2009, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 1½ years, unanimously affirmed.

Richard M. Greenberg, Office of the Appellate Defender, New York (Anastasia Heeger of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Mary C. Farrington of counsel), for respondent.

Before: Mazzarelli, J.P., Saxe, Acosta, DeGrasse and Manzanet-Daniels, 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). We do not find the officer's account of the events to be implausible, and the evidence establishes that he had a sufficient opportunity to observe the apparent drug transaction.


Summaries of

People v. Restivo

Appellate Division of the Supreme Court of New York, First Department
Jan 19, 2010
69 A.D.3d 478 (N.Y. App. Div. 2010)
Case details for

People v. Restivo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES RESTIVO…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 19, 2010

Citations

69 A.D.3d 478 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 370
891 N.Y.S.2d 647