Opinion
May 4, 2000.
Judgment, Supreme Court, Bronx County (Dominic Massaro, J., at hearing; Ira Globerman, J., at plea and sentence), rendered March 10, 1998, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 6½ years, unanimously affirmed.
David S. Weisel, for Respondent.
Betsy Hutchings, for Defendant-Appellant.
SULLIVAN, P.J., NARDELLI, TOM, WALLACH, LERNER, 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.
The hearing court properly exercised its discretion in denying defendant's request to conduct a courtroom demonstration.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.