People v. Hill

196 A.D.2d 722, 603 N.Y.S.2d 720, 1993 N.Y. App. Div. LEXIS 8461

Opinion

Judgment, Supreme Court, New York County (Felice Shea, J.), rendered October 15, 1991, 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 8 years to life imprisonment, unanimously affirmed.

The testimony of the arresting police officer that he believed defendant possessed a gun, and that he continued to believe such after frisking defendant, is not incredible and does not warrant disturbing the suppression court’s findings of credibility (see, People v Garafolo, 44 AD2d 86, 88). Nor do we find defendant’s bargained-for sentence to be unduly harsh. Concur —Rosenberger, J. P., Wallach, Asch and Rubin, JJ.