People v. Reid

260 A.D.2d 260, 686 N.Y.S.2d 705, 1999 N.Y. App. Div. LEXIS 4196

Opinion

—Judgment, Supreme Court, New York County (George Daniels, J.), rendered February 13, 1996, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 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). Given these determinations, the evidence establishes that the search was based on both voluntary consent and a valid search warrant. We have considered and rejected defendant’s remaining claims. Concur — Sullivan, J. P., Wallach, Lerner, Mazzarelli and Buckley, JJ.