Opinion
No. 1767.
October 18, 2007.
Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered October 14, 2003, as amended September 28, 2006, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of six years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Dana Poole of counsel), for respondent.
Before: Saxe, J.P., Marlow, Williams, Sweeny 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). The police account of the incident was not implausible, and any inconsistencies in testimony were insignificant.