People v. Nunez

270 A.D.2d 54, 704 N.Y.S.2d 814, 2000 N.Y. App. Div. LEXIS 2616

Opinion

—Judgment, Supreme Court, New York County (Ira Beal, J., at hearing; Micki Scherer, J., at plea and sentence), rendered August 27, 1997, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the court’s credibility determinations, which are supported by the record (see, People v Prochilo, 41 NY2d 759, 761).

We perceive no abuse of sentencing discretion. Concur — Sullivan, P. J., Ellerin, Lerner and Buckley, JJ.