People v. Graham

30 A.D.3d 255, 816 N.Y.S.2d 348

Opinion

Judgment, Supreme Court, New York County (Michael R. Ambrecht, J.), rendered January 12, 2005, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the credibility determinations made by a judicial hearing officer and adopted by the court, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Concur—Andrias, J.E, Marlow, Sweeny, McGuire and Malone, JJ.