People v. Valdivia

Appellate Division of the Supreme Court of New York

People v. Valdivia

34 A.D.3d 369, 823 N.Y.S.2d 897

Procedural entryThis page is a short order in People v. Valdivia. Read the opinion of the Court — 65 A.D.3d 950 →

Appellate Division of the Supreme Court of the State of New York·Decided November 28, 2006·Published

Opinion

Judgment, Supreme Court, New York County (Richard D. Carruthers, J., at suppres[370]*370sion hearing; Charles H. Solomon, J., at plea and sentence), rendered June 14, 2005, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

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 [1977]). Concur—Mazzarelli, J.R, Friedman, Nardelli, Gonzalez and Catterson, JJ.

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Judgment, Supreme Court, New York County (Richard D. Carruthers, J., at suppres[370]*370sion hearing; Charles H. Solomon, J., at plea and sentence), rendered June 14, 2005, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

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 [1977]). Concur—Mazzarelli, J.R, Friedman, Nardelli, Gonzalez and Catterson, JJ.

People v. Valdivia, 34 A.D.3d 369, 823 N.Y.S.2d 897 (N.Y. Ct. App. 2006).

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34 A.D.3d 369 (People v. Valdivia) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.