Opinion
No. 1620.
October 4, 2007.
Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression hearing; Brenda Soloff, J., at plea and sentence), rendered February 7, 2006, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of five years' probation, unanimously affirmed.
Edward M. Kratt, New York, for appellant.
Robert M. Morgenthau, District Attorney, New York (Dennis Rambaud of counsel), for respondent.
Before: Andrias, J.P., Sullivan, Catterson, McGuire and Malone, 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 find nothing implausible about the undercover officer's account of the circumstances under which he made an observation of drugs in open view.