Opinion
8482.
May 9, 2006.
Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered March 10, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Nicole Beder of counsel), for respondent.
Before: Andrias, J.P., Sullivan, Williams, Sweeny and McGuire, JJ., concur.
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).