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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 28, 2006

StatusPublished

This text of 34 A.D.3d 369 (People v. Valdivia) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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Bluebook (online)

34 A.D.3d 369, 823 N.Y.S.2d 897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valdivia-nyappdiv-2006.