Opinion
September 29, 1992
Appeal from the Supreme Court, Bronx County (Arlene R. Silverman, J.).
The suppression court heard completely different versions of the events leading up to defendant's arrest. The People asserted that defendant was seen by two police officers selling crack in the hallway of an apartment building, as reported by a passerby, and that at their approach defendant retreated into the apartment where a large quantity of drugs and drug paraphernalia were in plain view. Defendant testified that the police barged into his apartment while he was sleeping. We affirm inasmuch as the officers' testimony was neither inherently incredible nor improbable (see, People v Fonte, 159 A.D.2d 346, lv denied 76 N.Y.2d 734).
Concur — Carro, J.P., Kupferman, Ross and Asch, JJ.