People v. Vega

Appellate Division of the Supreme Court of New York

People v. Vega

61 A.D.3d 427, 875 N.Y.S.2d 794

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

DecidedApril 7, 2009

StatusPublished

This text of 61 A.D.3d 427 (People v. Vega) 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. Vega, 61 A.D.3d 427, 875 N.Y.S.2d 794 (N.Y. Ct. App. 2009).

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Opinion

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered September 28, 2004, convicting defendant, upon his plea of guilty, 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, including its acceptance of the officer’s testimony as to the transaction he observed, and its rejection of defendant’s testimony (see People v Prochilo, 41 NY2d 759, 761 [1977]). Concur—Andrias, J.E, Friedman, McGuire and Moskowitz, JJ.

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Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered September 28, 2004, convicting defendant, upon his plea of guilty, 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, including its acceptance of the officer’s testimony as to the transaction he observed, and its rejection of defendant’s testimony (see People v Prochilo, 41 NY2d 759, 761 [1977]). Concur—Andrias, J.E, Friedman, McGuire and Moskowitz, JJ.

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Bluebook (online)

61 A.D.3d 427, 875 N.Y.S.2d 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vega-nyappdiv-2009.